Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his blue badge application. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to refuse his application for a blue badge. Mr X had heart surgery last year and still has difficulties walking. He lives in a hilly area and needs to rest for a while after walking for 5-10 minutes.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))
4. 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

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

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My assessment

7. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. There are two types of eligibility criteria:

• where a person is eligible without further assessment, they will receive a Blue Badge;
• where a person is eligible subject to further assessment, they have to fulfil one or more of three criteria to qualify for a badge. They must:
• drive a vehicle regularly, have a severe disability in both arms and be unable to operate, or have considerable difficulty operating, all or some types of parking meter; or
• have been certified by an expert assessor as having an enduring or substantial disability, which causes them, during the course of a journey, to be unable to walk or experience very considerable difficulty walking, which may include very considerable psychological distress; or
• be at risk of serious harm when walking, or pose a serious risk of harm to any other person.

9. Mr X applied for a blue badge. The Council refused his application and explained the evidence he provided did not indicate he met the Department for Transport’s criteria for issuing of a blue badge.
10. Mr X appealed the Council’s decision. It was reviewed by a panel of five occupational therapists. The panel agreed the evidence Mr X provided did not show he met the relevant criteria for a blue badge and the decision to refuse his application was upheld.
11. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council has assessed and decided Mr X’s application in line with the relevant guidance and considered the evidence Mr X provided. We are not an appeal body. This means we do not re make the decision. We can only consider whether there is fault in the way the Council made its decision and I have seen no evidence of such fault here.

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Final decision

12. We will not investigate Mr X’s complaint because there is no sign of fault by the Council in how it considered and decided Mr X’s blue badge application.

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Investigator's decision on behalf of the Ombudsman