Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council was wrong to refuse his application for a Blue Badge. He wants a badge because he says he deserves one.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes Mr X’s application, the medical evidence and the Council’s assessment of the claim. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

Back to top

My assessment

5. Mr X had an accident in 2022. Following surgery Mr X has been left with a medical condition which can mean he needs quick access to a toilet. Mr X has been living with depression partly due to the difficult time he has had since the accident.
6. Mr X applied for a Blue Badge. The Council assessed the application under the hidden disability criteria and the rules relating to people who have mobility problems linked to physical issues. The Council carried out two assessments and considered medical evidence from Mr X’s doctor and therapist. The Council considered the coping mechanisms Mr X has in place and that his ability to adjust and manage the condition may improve with time. The Council also noted there is no evidence of a physical limitation which would prevent Mr X from finding a toilet when he is out.
7. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge and it is not my role to decide if Mr X is eligible for a badge.
8. The Council considered all the issues I would expect it to take into account when assessing whether someone is eligible for a badge. It considered the hidden and physical rules, the medical evidence and the guidance. I appreciate Mr X disagrees with the outcome, and says he deserves a badge, but I have not seen any suggestion of fault in the way the Council reached the decision. And, as there is nothing to indicate fault, there is no reason to start an investigation.

Back to top

Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman