Summary: We will not investigate Ms 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. Ms X complained about the Council’s decision not to issue her a Blue Badge. She said the Council did not consider her medical information and there was a failure in their decision making.
2. Ms X complained she cannot safely access essential services and that she has been left isolated.

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

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My assessment

7. Ms X made an application to the Council for a Blue Badge due to hidden disabilities.
8. An independent assessor reviewed her application along with medical evidence. The Council declined to issue a Blue Badge saying Ms X did not meet the criteria.
9. Ms X asked for her application to be reviewed and submitted further medical evidence.
10. A second independent assessor reviewed her application along with the medical evidence Ms X provided and declined to issue a Blue Badge saying Ms X did not meet the criteria.
11. The evidence indicates the Council has considered Ms X’s application and medical evidence in line with its policy.
12. 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.
13. Although Ms 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

14. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman