Devon County Council (24 010 430)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 07 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to issue a blue badge. That is because the complaint is late.
The complaint
- Mr X complained about the Council’s decision to refuse him a blue badge. He said the Council failed to tell him what evidence he needed to provide to support his application. He said it failed to consider evidence he had provided from his GP as part of his appeal.
- Mr X said the Council’s actions meant he has lost his independence. He wants the Council to review his case and issue a blue badge.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint relates to how the Council dealt with his blue badge application between September 2022 and June 2023. Mr X did not complain to the Ombudsman until September 2024. Therefore this is a late complaint and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because there is no good reason Mr X did not complain to us sooner. Mr X can make a new application to the Council for a blue badge.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman