London Borough of Hackney (23 001 924)
The Ombudsman's final decision:
Summary: We have upheld this complaint about a blue badge reassessment because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.
The complaint
- Mr X complained the Council failed to properly consider his application when he reapplied for a blue badge.
- Mr X says that he has been put at a disadvantage because of the Council’s actions.
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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 applied to renew his blue badge after it expired at the beginning of 2023. He submitted medical evidence in support of his application. This included a January 2023 letter from an Orthopaedic Consultant which stated Mr X had a permanent disability and had a markedly reduced walking distance.
- The Council refused Mr X’s application both at the initial stage and when he appealed. The appeal letter referred to an August 2022 letter which said Mr X’s mobility issue had healed completely and he had a good range of movement. It made no reference to the January 2023 letter.
- Mr X remained unhappy and complained to us.
- If we investigated this complaint, it is likely we would find the Council was at fault because there is no evidence it considered all the medical information submitted by Mr X.
- We therefore asked the Council to consider remedying the injustice caused by its actions by reassessing Mr X to resolve the complaint early.
- The Council has agree to do so and within one month it will carry out a reassessment of Mr X.
Investigator's decision on behalf of the Ombudsman