Devon County Council (18 013 822)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 28 Jan 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about a Blue Badge because the Council has decided to issue a badge to the complainant.

The complaint

  1. The complainant, whom I refer to as Ms X, complains about the Council’s decision not to give her a Blue Badge.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe the Council has already provided a fair remedy. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I read the complaint and documents associated with the unsuccessful application. I found out that the Council has recently changed its decision and decided to issue a badge. I invited Ms X to comment on a draft of this decision.

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What I found

  1. Ms X applied for a Blue Badge. The Council carried out a mobility assessment and decided she did not qualify. The Council refused the application.
  2. Ms X complained to the Ombudsman. Before the Ombudsman had taken any action the Council decided to do another mobility assessment. The Council then decided Ms X qualifies and it has awarded a badge.

Assessment

  1. I will not start an investigation because the Council has awarded a Blue Badge to Ms X. This is a satisfactory response and it is unlikely I could achieve a different outcome.

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Final decision

  1. I will not start an investigation because the Council has awarded a Blue Badge.

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Investigator's decision on behalf of the Ombudsman

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