Summary: We cannot investigate this complaint about the Council’s decision to refuse Mr X a Blue Badge. This is because Mr X made an application to the court about the Council’s decision, therefore, we have no jurisdiction to consider this complaint.

The complaint

1. Mr X complained the Council declined his application for a Blue Badge. He said the Council denied him vital support he needs for everyday life. He wants the Council to issue him a Blue Badge.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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 applied for a Blue Badge under the hidden disability criteria; this was declined by the Council. He appealed the decision and provided supporting evidence, which the Council reviewed.
7. In its outcome letter the Council said there was no clinical evidence that suggested Mr X met the criteria for a Blue Badge.
8. Following the Council’s decision Mr X made an application to the court for a judicial review. As Mr X has started court action we cannot investigate this complaint.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because we have no jurisdiction to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman