Summary: We will not investigate this complaint about the Council’s decision not to issue a blue badge. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the Council’s decision she was not eligible for a blue badge. She said that meant she was struggling to go shopping. She wants the Ombudsman to decide whether she needs a blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. We provide a free service, but must use public money carefully. We do not start or continue 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))

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How I considered this complaint

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

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My assessment

6. Blue Badges help people with disabilities or health conditions park closer to their destination. The Department for Transport sets out how councils should consider applications for a blue badge.
7. There are two types of eligibility, people who automatically qualify and those who qualify after further assessment. Applicants may qualify after further assessment if they have any enduring (lasting for at least three years) and substantial disability that means they are, during a journey, at risk of serious harm, when walking, or pose, when walking, a risk of serious harm to themselves or any other person.
8. Miss X applied for a blue badge under automatic eligibility based on her Personal Independence Payment (PIP). The Council decided she was not automatically eligible as she did not receive PIP under the qualifying criteria. It said she also did not qualify under the ‘further assessment criteria’.
9. Miss X appealed. She did not provide the Council any additional information about why she needed a blue badge but provided a supporting letter from her GP. The Council considered the information provided in that letter but decided it did not evidence Miss X was eligible for a blue badge.
10. Although Miss X is unhappy with the Council’s decision, we will not investigate. The Council has considered the information and evidence she provided and applied the statutory guidance. It has set out its reasons why she is not eligible for a blue badge. There is not enough evidence of fault in how it made that decision to justify our involvement.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman