Summary: We will not investigate this complaint about the Council’s decision not to issue a Blue Badge to a group that provides transport for disabled people. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has decided not to issue a Blue Badge to a group he is involved with. Mr X says the group transports and cares for disabled people. Mr X wants the Council to issue a badge.

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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 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 Mr X and the Council. This includes his application for a badge (for the group), correspondence about the application and the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Government guidance says councils can issue a badge to organisations that care for and transport disabled people who would, as individuals, qualify for a badge. The group must demonstrate there is a clear need for the organisation to have a badge rather than individuals using their own badges. The guidance says it is unlikely that community transport groups will qualify.
6. The group had a badge which expired during 2023. Mr X re-applied. He said his group uses a badge about once a week to transport and care for disabled people. He said his group may need to transport people at short notice so it would not be possible for any disabled person to apply for their own badge. He also said the people the group supports would not have the ability or money to apply for a badge.
7. The Council asked for more information. For example, it asked if the group is a registered charity, how many people it supports and for links to public information about the group. Mr X explained the group has no registration, helped about 13 people and there is no public information. Mr X said the group’s circumstances had not changed since the last application.
8. The Council decided not to issue a badge. It decided Mr X had not shown the group meets the qualifying conditions. It said the previous application was assessed under the old guidance but it had assessed the current application in relation to the latest guidance. The Council explained why it had decided the group does not qualify with specific reference to the guidance. It explained that badges are usually issued to organisations such as residential care homes, hospices or social services. It said there is no evidence the group provides care and it had decided to classify the group as a community transport group. It suggested that people who use the service could apply for a badge and the Council would fast-track the application. The Council says it has not received any applications from individuals. If an individual had a badge they could use it when being helped by the group.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and it is not our role to decide if an individual or a group is eligible for a badge. We can only intervene if there is fault in the way a council has reached a decision and, in this case, I see no suggestion of fault. The Council considered the application, requested further information, and decided not to issue a badge because Mr X had not demonstrated his group meets the qualifying conditions. This decision flows from the information presented and the government guidance. In addition, the Council offered an alternative approach by inviting people who use the service to apply for their own badge. Mr X has stressed the Council previously issued a badge, but each application is considered individually and a previous award is not a guarantee that a new badge will be issued, especially as the guidance has changed.
10. I appreciate Mr X is disappointed by the decision but there is no indication of fault and no reason to start an investigation.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman