Summary: We will not investigate Mrs X’s complaint that the Council refused her application for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained about the Council’s decision to refuse her blue badge application.
2. She says the Council did not refund the £10 application fee, as required by the Department for Transport guidance when an application is refused.

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The Ombudsman’s role and powers

3. 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 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 Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. Mrs X applied for a Blue Badge. She explained her medical and mobility problems and provided supporting evidence. The Council considered Mrs X’s application and supporting evidence. It decided the application did not meet the qualifying criteria and so refused her application. Mrs X appealed the decision.
9. We 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 was fault in the way the Council made the decision.
10. The Council considered the information Mrs X provided. The appeal notes show the assessor considered her medical condition and there was a proper consideration of each point and of the government guidance.
11. Although Mrs X disagrees with the outcome, there is insufficient evidence of fault in the way the Council made its decision so there is no reason to start an investigation.
12. Mrs X says the Council did not refund the £10 fee, as required by the Department for Transport guidance. It would be a disproportionate use of our resources to investigate this. We have suggested the Council refund Mrs X if it has not already done so.

Final Decision

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

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Investigator's decision on behalf of the Ombudsman