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

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for a blue badge. She believes the Council’s decision was influenced by her wearing gym clothing at her assessment. She also complains some points were incorrectly recorded by the Council when it said her ankle restraint was on her left ankle, when it was on her right and referred to her not using aids.

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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 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. Mrs X applied for a blue badge. The Council refused her application on the basis she did not meet the criteria for issuing of a badge, as set out above.
10. Mrs X appealed the Council’s decision. The Council considered the information provided but upheld its original decision to refuse the application.
11. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. The Council assessed and decided Mrs X’s application against the relevant guidance via an in person assessment and considered the information Mrs X provided in support of her application and appeal. I can see no evidence to support Mrs X’s view that her clothing was relevant to or impacted the Council’s decision. It noted Ms X has a medical condition which impacts her ability to walk, and which fluctuates, but that she did not meet the Department for Transport criteria for a blue badge.
12. We are not an appeal body. This means we do not re-make the Council’s decision. We can only consider whether there is fault in the way the Council made its decision and there is insufficient evidence of such fault to warrant an investigation here. Whilst I acknowledge Mrs X says two details were incorrectly recorded by the Council these are not central to, and would not impact, the Council’s decision to refuse her application and so do not warrant further investigation by this office.

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Final decision

13. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman