London Borough of Harrow (23 007 426)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 20 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a blue badge application because there is not enough evidence of fault to justify investigating.
The complaint
- Miss Y complained the council rejected her application for a blue badge. Miss Y says she thinks the council did not understand the severity of her health conditions.
The Ombudsman’s role and powers
- 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 or continue 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))
- 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)
How I considered this complaint
- I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Blue badges allow the holder to park closer to their destination and reduce their walking distance. Eligible applicants for a blue badge must be assessed as being unable to walk and/or experience very considerable difficulty or be at risk of serious harm when walking.
- Miss Y applied to the Council for a blue badge because she has several health conditions which affect her. She has particular trouble in planning and following a journey. However, the Council rejected her application, both initially and on appeal.
- This was because the Council considered there to be insufficient evidence of significant cognitive, memory or hazard awareness, severely poor communication skills or very considerable difficulty when walking. In the appeal Miss Y had referred to struggles with travelling to new places, but this would not mean she had considerable difficulties in making journeys to already known destinations according to the evidence provided.
- Mr Y appealed the decision and the Council considered the information provided but maintained its decision that Miss Y was not eligible for a blue badge. As the Council has considered the evidence against the relevant criteria before forming its decision there is no evidence of fault in the way the decision was made. If there was no fault in how the organisation made its decision, we cannot question the outcome. Consequently, we will not investigate this complaint.
Final decision
- We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman