Summary: We will not investigate this complaint about an unsuccessful application for a blue badge. There is not enough evidence of fault.

The complaint

1. The complainant, Miss X, is unhappy with the Council’s decision not to award a blue badge despite her medical conditions. Miss X believes this decision will negatively impact her ability to drive and put her through more pain.

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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 the information provided by Miss X. This included her appeal form, medical evidence and the Council’s response to her appeal.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. The guidance says that applicants for a badge must show that, because of their enduring and substantial disability, they are unable to walk very far without experiencing severe difficulty.
8. The guidance also says that applicants who can walk more than 80 metres and do not demonstrate very considerable difficulty in walking through any other factors would not be deemed as eligible.
9. Miss X applied for a blue badge, based on her medical and mobility problems. She supplied supporting evidence provided by a Specialist Occupational Therapist.
10. The council did a mobility assessment. The assessor watched Miss X walk over 80 metres and noted moderate difficulties with Miss X’s mobility.
11. In addition, the assessor took account of Miss X medical history and supporting evidence.
12. Based on the assessment and the evidence, the Council decided Miss X was not eligible for a badge.
13. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council made the decision. It is not my role to re-make the decision or decide if Miss X is eligible for a badge. The evidence suggests the Council properly reached its decision. So, I cannot criticise the decision, even though Miss X is entitled to disagree with the decision.

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Final decision

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman