Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to issue another Blue Badge.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the Council’s assessments, Mr X’s appeal and the decision letters. I also considered our Assessment Code.

Back to top

My assessment

5. People may qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
6. Mr X applied for a Blue Badge and submitted medical evidence. The Council completed two assessments. The assessment notes show the Council considered Mr X’s application, medical evidence, appeal and the Blue Badge rules. The Council cross-referenced the evidence with the qualifying criteria and agreed that Mr X experiences a degree of difficulty when travelling. But, it decided the evidence does not show his difficulties are to the extent that he qualifies for a badge.
7. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council makes a decision. I have no power to award a badge and it is not my role to decide if Mr X is eligible for a badge.
8. I appreciate Mr X disagrees with the Council’s decision and says the loss of the badge has affected his quality of life. However, we can only intervene if there is fault in the way the Council made the decision. In this case I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with the evidence and blue badge rules. As there is no suggestion of fault there is no reason to start an investigation.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman