Summary: We will not investigate this complaint about the Council’s handling of Mr X’s blue badge application. This is because there is insufficient evidence of fault in the Council’s decision.

The complaint

1. Mr X says the Council did not properly consider his application for a blue badge.
2. He says this caused him continuing anxiety and distress.

Back to top

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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X says the Council did not properly consider his application because he is automatically eligible due to scoring 12 points on his personal independence payment (PIP) mobility assessment. However, as the Council has explained, the criterion Mr X scored 12 points for does not make him automatically eligible. Rather, Mr X’s application was subject to further assessment and the Council was therefore correct to assess his application further.
7. Mr X also says the Council did not consider his risks linked to his medical conditions. But the Council explained why it does not find Mr X’s evidence met the blue badge criteria and whilst Mr X disagrees with the outcome, I have not seen any evidence of fault in the way the Council reached its decision.
8. As part of the Council’s review of its decision not to issue Mr X a blue badge it told him it would seek further medical information from his GP. However, Mr X did not consent to this. He told the Council to issue its final refusal decision immediately so he could go to the Secretary of State and take the Council to court. The Council did not therefore request any further information and instead issued its decision as requested. While Mr X now complains the Council did not request the information as it said it would, we are satisfied this was the result of Mr X’s actions rather than any fault by the Council.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council considered his application.

Back to top

Investigator's decision on behalf of the Ombudsman