Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council has offered to further assess the application and we cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to renew her Blue Badge. Mrs X wants a badge.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• the Council offer a fair remedy, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the application, medical evidence and assessment reports. I also considered our Assessment Code.

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My assessment

4. Mrs X applied to renew her badge under the hidden disability rules and the mobility rules.
5. The Council assessed her application and mainly focused on the hidden disability issues. Information had, however, been submitted about the physical problems Mrs X has with walking.
6. The Council accepts it mainly focused on the hidden aspects of the application and has offered to do a face to face assessment so it can more effectively assess the physical problems Mrs X has with walking.
7. We are not an appeal body. We cannot decide if someone is eligible for a badge and we cannot issue a badge.
8. The Council has offered to do a mobility assessment. This is a fair way to settle the complaint because the previous focus was on the hidden disability issues. The Council will now have an opportunity to assess the physical problems Mrs X has when walking. There is no guarantee the Council will decide to issue a badge, and that is a decision for the Council to make, but it does mean that both aspects of the application will be fully considered. In addition, even if we started an investigation, and if we found fault, the most likely outcome would be that we would ask the Council to further assess the application.

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Final decision

9. We will not investigate this complaint because the Council has offered a fair remedy and we cannot achieve the outcome the complainant wants.

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Investigator's decision on behalf of the Ombudsman