Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse him a Blue Badge. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to refuse his application for a Blue Badge. He says the decision is unfair and has affected his physical and mental wellbeing. He wants the Council to issue him a Blue Badge and award compensation.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a Blue Badge. The Council considered his application and supporting evidence. The assessor decided he did not meet the criteria for a Blue Badge and so refused his application.
7. Mr X appealed the decision and provided additional supporting evidence. The Council considered his appeal but did not change its position.
8. Following further communication with Mr X, the Council reviewed its decision again. It upheld the decision to refuse him a Blue Badge.
9. We will not investigate this complaint as there is insufficient evidence of fault. The records show the Council has appropriately considered his application, his supporting evidence and his appeal before reaching its decision that he does not meet the qualifying criteria for a Blue Badge. Although I accept Mr X disagrees with the decision, there is insufficient evidence of fault to warrant an investigation. It is not our role to re-assess or re-take the decision, if there is no evidence of fault in how it was made.

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Final decision

10. We will not investigate Mr 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