Summary: The Ombudsman will not investigate Miss X’s complaint, made on behalf of Mr X, about the Council’s decision on his blue badge application. The Council has indicated it will reassess Mr X’s application once it receives up-to-date information on his health conditions. The Ombudsman could not achieve more for Mr X than the reassessment the Council has offered.

The complaint

1. Miss X complains on behalf of Mr X that the Council has not properly taken account of his disabilities when determining his blue badge application.
2. Miss X says the Council has not taken into account the stress Mr X feels when driving in places he does not know, and when finding places to park. Miss X says Mr X’s anxieties mean he needs to be accompanied by family members.
3. Miss X wants the application form to be amended, and for staff to be retrained on disabilities. She considers decisions should be made by professionals, not administrative staff who do not know about disabilities.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it would be reasonable for the person to ask for or use a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. As part of my assessment I have:
• considered the complaint and the documents provided by Miss X;
• asked the Council for some further information, and considered its response;
• issued a draft decision, inviting Miss X to reply, and considered her reply.

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What I found

8. During Mr X’s blue badge application, the Council asked his consultant for information about Mr X’s conditions. The consultant said they had not seen Mr X since summer 2018, so could not provide up-to-date information, but would be meeting with Mr X again soon.
9. Officers assessed Mr X’s application using the available evidence. The Council decided he was not eligible for a blue badge. Miss X complained on behalf of Mr X.
10. The Ombudsman cannot question the merits of a council’s decision. He can only criticise a council decision if there is evidence of fault in the process it has followed and that fault has affected the decision reached. I have not made any findings of fault here because I have not investigated. Where the Ombudsman does find fault with a council’s blue badge assessment process, one outcome he may achieve is the reassessment of the application.
11. The Council has said that once it receives the consultant’s latest information on Mr X, and if the information confirms he meets the criteria, officers will re‑submit Mr X’s application. I do not consider an Ombudsman investigation could achieve any more for Mr X here. The Council’s offer of a reassessment provides a route for Mr X to seek the provision of a blue badge.
12. I note other outcomes Miss X wants are for the Council to change its forms, and to train staff to deal with people with disabilities. If Mr X and Miss X remain dissatisfied with the Council’s process, after the reassessment, they may wish to complain to the Council then to the Ombudsman again. If we decide to investigate, we could then consider whether there is any recommendation the Ombudsman should make to improve the Council’s blue badge process.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because an Ombudsman investigation could not achieve a better outcome than a reassessment of Mr X’s blue badge application, which the Council has already offered.

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Investigator's decision on behalf of the Ombudsman