Sunderland City Council (23 005 822)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 03 Sep 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a blue badge application because we are satisfied with the actions the Council proposes to take to remedy the injustice caused.

The complaint

  1. Mr Y complained the Council failed to address issues he experienced when applying for a blue badge. The issues included the cancellation of an assessment with less than a day notice, an unacceptable waiting time for the assessment itself and failing initially to respond to his complaint.
  2. Mr Y says this led to him feeling isolated, frustrated and having to pay for parking for several months. He also had to take time and effort to raise his complaint.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
  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 or may decide not to continue with an investigation if we decide:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information Mr Y provided, the Ombudsman’s Assessment Code and our Guidance on Remedies.

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My assessment

  1. In the Council’s complaint response it has agreed that there was an unsatisfactory wait for a blue badge assessment for Mr Y. It also agreed that its procedures had not been correctly followed in trying to rearrange an assessment with Mr Y and that his complaint was not recognised properly and should not have been dealt with as a service query.
  2. It recognised the time Mr Y had taken to raise him complaint and the upset and frustration incurred as a result of the problem he experienced. It apologised, confirmed it was in the process of reviewing its procedures to try to prevent the problem recurring and offered Mr Y £300 to recognise the emotional impact the fault had on him.
  3. As the Council has properly considered and investigated the complaint and its impact, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault, which is consistent with our own Guidance on Remedies.
  4. The Council has also considered how to prevent the problem from happening again and is considering how to improve its processes to achieve this. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome and we are satisfied with the steps the Council proposes to take. We will therefore not investigate.

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Final decision

  1. We will not investigate Mr Y’s complaint because we are satisfied with the actions the Council proposes to take.

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Investigator's decision on behalf of the Ombudsman

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