Summary: We will not investigate this complaint about the Council’s decision to refuse a blue badge application. There is not enough fault to justify investigating.

The complaint

1. Ms X complained about the Council’s decision not to issue a blue badge. She said that walking a long-distance resulted in severe pain. She said being unable to park close to places such as work was affecting her mental health. She wanted the Council to review her application and issue a blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X applied for a blue badge shortly after several operations on her lower leg and foot. She said that had resulted in nerve injury and foot drop. She said she needed to use a splint and stick to walk.
7. The Council’s assessed her application and decided she was not eligible for a blue badge as it did not consider Ms X had an enduring mobility difficulty. It said blue badges were not provided for short term difficulties with mobility. Ms X appealed. The Council did not uphold her appeal. It reviewed the information Ms X provided and evidence she provided with her initial application. It set out why Ms X did not meet the eligibility criteria for a blue badge.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
9. We will not investigate this complaint further. The Council considered the information and evidence Ms X provided in line with the Department of Transport Guidance. It has explained to Ms X’s points why she is not eligible. There is not enough evidence of fault in how the Council considered Ms X’s blue badge application to justify our involvement.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman