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, Ms X, disagrees with the Council’s decision not to issue a Blue Badge. She says she supplied the correct evidence.

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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 Ms X and the Council. This includes the medical evidence, Council assessment, Ms X’s appeal and the decision letters. I also considered our Assessment Code.

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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. People with a non-physical disability (sometimes called a hidden disability) might qualify if they demonstrate they experience considerable psychological distress when walking.
6. Ms X applied for a Blue Badge and submitted medical evidence relating to her hidden disability. The Council completed an assessment. The assessment notes show the Council considered Ms X’s application, medical evidence, appeal and the Blue Badge rules. The Council cross-referenced the evidence with the qualifying criteria but decided the evidence does not show her difficulties are to the extent that she qualifies for a badge under the hidden disability rules.
7. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed the processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision. I have no power to award a badge or to tell the Council to change the decision.
8. Ms X disagrees with the Council’s decision and has explained how having a badge would help her. However, we can only intervene if there is fault in the way the Council made the decision and I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the Blue Badge rules. The Council correctly noted that some of the evidence provided by Ms X was incomplete, not current and contained little information that is relevant to the hidden disability rules. As there is no suggestion of fault there is no reason to start an investigation.

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Final decision

9. 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