Summary: We will not investigate this complaint about the Council’s decision to refuse a Blue Badge because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council wrongly refused to award him a Blue Badge. He says another council previously awarded him one automatically, as he receives the Personal Independence Payment (“PIP”).

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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 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))
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 information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Government issues guidance for councils on deciding Blue Badge applications.
7. Relevant to Mr X, councils can issue a Blue Badge to a person automatically if they receive the mobility component of the PIP and have 10 points under the “planning and following journeys” activity, on the grounds they cannot undertake any journey because it would cause them overwhelming psychological distress.
8. The Council noted Mr X received the PIP under “planning and following journeys” but not on the grounds of psychological distress, as required.
9. For those who may be eligible following an assessment, Government guidance says they will need to provide medical information to the Council in support. If this is not sufficient the Council should arrange an expert assessment.
10. The Council asked Mr X to provide supporting medical information. When he said he could not provide this, it offered an expert assessment.
11. The Council followed Government guidance and its own policy in deciding Mr X’s application. That another council previously awarded a Blue Badge is not evidence of fault in the Council’s decision.
12. There is not enough evidence of fault in the Council’s decision making to investigate. And it is not proportionate to consider complaints about the Council’s complaint handling when we are not investigating the substantive issue.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman