Kent County Council (23 019 132)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 28 Apr 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about delay in the Council considering and deciding her application for a blue badge. This is because an investigation would not lead to any further findings or outcomes.

The complaint

  1. Mrs X complains about delay in the Council considering and deciding her application for a blue badge.

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The Ombudsman’s role and powers

  1. 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 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 provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X first applied for a blue badge at the beginning of November 2023. There are not statutory timescales for when councils must decide blue badge applications by. Therefore, it is down to each council to set their own service standards. The Council’s timescale is 16 weeks.
  2. The Council did not consider and decide Mrs X application until end of February 2024. The Council decided Mrs X was eligible for a blue badge and one was awarded. The Council accepted it failed to decide Mrs X’s application within 16 weeks of first receiving her application. However, I do not consider an investigation to be proportionate given the delay was likely less than a week and the Council has appropriately apologised to Mrs X for the slight delay.
  3. Mrs X’s disability means she is unable to provide information in written format. Mrs X had asked the Council to allow her to provide the evidence the Council required verbally. The Council acknowledged it had failed to call her back as requested.
  4. However, following the referral from us, the Council did call Mrs X and completed a telephone assessment instead. This demonstrates the Council does make adjustments to its normal service provision to ensure accessibility for those who need it. There is no evidence to suggest there are any systemic issues or lack of awareness of the need to provide reasonable adjustments where requested. Therefore, an investigation is not proportionate as it would not lead to any further findings or outcomes.

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Final decision

  1. We will not investigate Mrs X’s complaint because an investigation would not lead to any further findings or outcomes.

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Investigator's decision on behalf of the Ombudsman

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