Summary: We will not investigate this complaint about the Council’s refusal to issue a blue badge. There is not enough evidence of fault in how the Council made its decision to justify investigating.

The complaint

1. Ms X complained the Council misrepresented what she said in its blue badge assessment. She said it rushed its assessment. She is unhappy with its decision not to 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 how the organisation made its decision, 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 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))

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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 to the Council for a blue badge because of difficulties with her mobility. The Council completed a mobility assessment. Although slow, it did not assess her as experiencing very considerable difficulty whilst walking. It refused her blue badge.
7. Ms X appealed under the hidden disability criteria. She said her medical diagnosis caused regular hallucinations. Her son, Mr Y, said this resulted in behavioural difficulties when walking. He said Ms X did not go out unattended and explained the steps family members took to support her in the community.
8. The Council considered Ms X’s behaviour when out and the coping strategies used to manage these. It decided Ms X did not meet the threshold for a blue badge. It said her difficulties could be managed through existing coping strategies. It did not consider the blue badge an effective coping strategy in its own right.
9. We cannot question whether the Council’s decision is right or wrong, where there is no evidence of fault in how it was made. The Council has assessed Miss X’s mobility, considered her application under the hidden disability criteria and applied the blue badge guidance. It has explained its reason for not issuing a badge. There is not enough evidence of fault in how the Council made its decision to justify our involvement. Therefore, we will not investigate this complaint.

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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