Brighton & Hove City Council (22 004 064)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 02 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to issue Mr X a blue badge. That is because there is not enough evidence of fault in how it made that decision to justify investigating.
The complaint
- Mr X complained about the Council’s decision not to give him a blue badge. He said it has not contacted his GP for pictures of his x-rays. He wants the Council to give him a blue badge.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council for a blue badge. He said he had arthritis that caused him lots of pain. He said on good days he could walk well but struggled with longer distances and hills. He said on bad days he struggled to get out of bed.
- The Council considered the information Mr X provided about his disability and his ability to walk. It also considered information in its adult social care case notes. It decided he was not eligible for a blue badge. Mr X appealed. The Council offered him a face-to-face mobility assessment. Mr X declined.
- We will not investigate this complaint further as there is not enough evidence of fault in how the Council has considered Mr X’s application for a blue badge to justify our investigating. The Council does not dispute Mr X’s medical condition but has explained there is not enough evidence he experiences a lot of difficulty in walking. It has offered a face-to-face assessment if he wants it to consider his application further. I am satisfied that is an appropriate suggestion by the Council.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman