Summary: We will not investigate Miss X’s complaint about the Council’s decision to decline her application for a blue badge. This is because there is insufficient evidence of fault with the way the Council considered her application.

The complaint

1. Miss X complains about the Council’s decision to decline her application for a blue 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council previously assessed Miss X’s application under the hidden disabilities criteria. The assessment concluded Miss X did not meet the criteria for a blue badge under hidden disabilities. However, the assessor recommended Miss X was seen face to face for a mobility assessment.
7. The Council completed the face to face mobility assessment in November 2022. The report noted and considered Miss X’s medical conditions.
8. The assessment concluded Miss X was not eligible for a blue badge as she did not have any difficulties with mobilising over distance, was able to mobilise at a normal pace with no apparent postural, gait or balance issues. Further, Miss X did not present with any pain or shortness of breath when mobilising and did not use a walking aid.
9. The role of the Ombudsman is to review how the Council made its decision. If the Council has made its decision properly by considering all relevant information, then it is entitled to make its decision. The Ombudsman cannot overturn or remake the decision.
10. In this case, the evidence shows the Council followed the correct procedure when assessing Miss X blue badge application. The Council has appropriately considered Miss X’s eligibility under the hidden disabilities criteria, as well as through assessment of her physical mobility. The Council has also considered Miss X’s medical conditions and the impact they have on her ability to mobilise.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault with the way the Council considered her application.

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Investigator's decision on behalf of the Ombudsman