Devon County Council (22 017 379)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 19 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s blue badge application. She says the Council did not properly consider her medical evidence. This is because there is insufficient evidence of fault with the Council’s consideration and handling of Mrs X’s blue badge application.
The complaint
- Mrs X complains about the Council’s handling of her blue badge application. She says the Council did not properly consider her medical evidence.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X applied for a blue badge in March 2022. Mrs X applied under the hidden disability and mobility criteria. Her application listed Mrs X’s medical conditions and the difficulties she had, both physical and mental.
- The Council noted Mrs X did not automatically qualify for a blue badge and so her application needed further assessment.
- An Occupational Therapist completed a face-to-face mobility assessment. The assessment noted Mrs X could mobilise without significant difficulties. It also recognised that while Mrs X did have mobility issues, it was not at the level to meet the criteria for a blue badge.
- The Council also completed a review under its hidden disabilities criteria. This review noted all of Mrs X’s medical evidence and the reasons why she considered she was eligible for a blude badge. The review noted there was insufficient evidence to suggest very considerable distress when walking, very considerable difficulty with walking, or serious risk of harm when walking.
- Mrs X was unhappy with the decision and appealed. The Council considered Mrs X’s appeal and the appeal again reflected consideration of Mrs X’s medical conditions and stated difficulties. The assessment concluded there was no evidence to suggest any risky or challenging behaviours that put Mrs X or others at risk of severe harm, and that the criteria was not met.
- An investigation is not justified as there is insufficient evidence of fault with the Council’s consideration and handling of Mrs X’s blue badge application. Evidence shows the Council has properly considered Mrs X’s listed medical conditions and difficulties. The Council has also followed the correct procedure in assessing Mrs X’s application and appeal. The Ombudsman cannot overturn a decision if the Council’s decision has been made correctly.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault with the Council’s consideration and handling of Mrs X’s blue badge application.
Investigator's decision on behalf of the Ombudsman