Summary: We will not investigate Miss X’s complaint about how the Council decided to refuse her a Blue Badge. This is because it is unlikely we would find fault in the Council’s decision making.

The complaint

1. Miss X complained about the Council’s decision not to issue her a Blue Badge. She said the assessment scoring system is not fit for purpose.
2. Miss X complained that not having a Blue Badge has resulted in increased pain and limitation of activities. Miss X has requested that the Council issue her a Blue Badge.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. 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))

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How I considered this complaint

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

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My assessment

7. Miss X made an application to the Council for a Blue Badge and an independent assessor completed a mobility assessment and reviewed medical evidence submitted by Miss X.
8. The Council declined to issue a Blue Badge saying Miss X did not meet the criteria.
9. Miss X appealed the Council’s decision, submitted further evidence and requested a further review.
10. An independent assessor completed a telephone assessment and reviewed the appeal information. The Council again declined to issue a Blue Badge saying Miss X did not meet the criteria.
11. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes the Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether Ms X disagrees with the decision.
12. Although Miss X disagrees with the Council’s decision, it is unlikely we would find fault in the how the Council decided to refuse her a Blue Badge.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman