Summary: We will not investigate Mr X’s complaint about the Council’s decision to reject his blue badge application. This is because the matters complained about could reasonably be, or have been, mentioned as part of legal proceedings regarding a closely related matter.

The complaint

1. Mr X complains about the Council’s decision to reject his blue badge application. He says the Council failed to properly apply the criteria in making its decision and feels the Council has discriminated against him due to his disability.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has started legal proceedings against the Council. I have reviewed the legal claim submitted by Mr X and I am satisfied the claim he has brought is about the same matters he has complained to us about.

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Final decision

6. We will not investigate Mr X’s complaint because the matters complained about could reasonably be, or have been, mentioned as part of legal proceedings regarding a closely related matter.

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Investigator's decision on behalf of the Ombudsman