Summary: We will not investigate this complaint about the Council ignoring Mrs X’s substantial disability and its impact on her during its consideration of her blue badge application. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council ignored her substantial disability, and the impact on her, when it considered her blue badge application.

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The Ombudsman’s role and powers

2. We investigate 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), as amended, section 34(B))
3. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Mrs X applied for a blue badge. In her application, she noted her medical condition meant she needed to be close to toilet facilities and that it can be difficult to walk far to find disabled facilities.
7. The Council considered Mrs X’s application and the supporting evidence she provided. The Council acknowledged and accepted Mrs X had a substantial and enduring health condition. However, the Council said the distress and anxiety she experiences related directly to the urgent need to access toilet facilities rather than related to walking itself.
8. The Council also noted there was insufficient evidence to suggest Mrs X experiences very considerable difficulty (including psychological distress) more often than not whilst walking, or that she was at risk of harm to herself, or others, when walking.
9. The Department of Transport has issued guidance on the blue badge scheme. The guidance is clear that for an applicant to be eligible, there must be evidence the difficulties (including psychological distress) or risk of serious harm to themselves or others, occurs whilst walking during a journey.
10. The Council has clearly outlined its rationale as to why it does not consider Mrs X meets the eligibility criteria. The Council has explained the distress and anxiety Mrs X experiences is due to not being near to toilet facilities; it is not caused by walking during a journey.
11. Therefore, an investigation is not justified as there is insufficient evidence of fault with the way the Council considered Mrs X’s application. We cannot find fault with a decision itself if there is no evidence of fault in the decision-making process.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman