Summary: We will not investigate this complaint about the Council’s decision to refuse a Blue Badge. This is because there is not enough evidence of fault to justify us investigating.

The complaint

1. Ms X complained the Council denied her daughter, Miss Y’s, Blue Badge application. She said Miss Y had a Blue Badge for many years and her condition has got worse. She said a lack of road safety awareness puts her at risk.
2. Ms X said a member of staff was rude to her when discussing its decision. She wants the Council to issue Miss Y a Blue Badge.

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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))
4. 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

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 applied for a Blue Badge on behalf of Miss Y. The Council declined the application when it did not receive supporting evidence it requested.
8. Ms X appealed the Council’s decision and provided a GP letter as evidence of Miss Y’s new diagnosis. The Council invited Miss Y to attend an in-person assessment and then issued an outcome letter stating it declined to issue Miss Y a Blue Badge.
9. The Council considered the information Ms X provided during the assessment and evidence from Miss Y’s GP. It decided Miss Y was not eligible for a Blue Badge under the hidden disability or mobility criteria. The outcome letter said the application review found that the Council’s decision was made in accordance with the Department of Transport guidance

The outcome letter doesn’t actually say why the application was refused after the assesment motility fine/no evidence of distress/completed a course/potential paralympic swimmer...Shall I highlight this in the BinJ cover letter?

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10. Ms X complained a member of staff was rude to her when she called to discuss the Council’s decision to decline the Blue Badge. In its complaint response the Council apologised and said it would remind the member of staff of its customer service standards and learning from the incident would be put into practice.
11. We are not an appeal body and only consider if there is fault in the way the Council made its decision. The assessment records how it made its decision that Miss Y was not eligible for a Blue Badge. The Council also addressed Ms X’s concerns about a member of staff and identified learning from the incident. There is not enough evidence of fault in how the Council made its decision to justify our involvement.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify us investigating.

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Investigator's decision on behalf of the Ombudsman