East Sussex County Council (25 007 800)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application for a Blue Badge. This is because the Council will offer the complainant a face-to-face mobility assessment.
The complaint
- Ms X has complained about the Council’s decision to refuse her application for a Blue Badge. Ms X disagrees with the Council’s reasons for refusing her application and says she provided a full medical history to show the extent of her issues.
The Ombudsman’s role and powers
- 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’. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we investigated this complaint, it is likely we would find fault as I consider the Council should have offered Ms X a face-to-face mobility assessment due to the overall evidence provided about her condition. We therefore asked the Council to consider reviewing Ms X’s Blue Badge application and offering her an in-person assessment.
Agreed action
- To its credit, the Council has agreed and will contact Ms X about the arrangements. The Council should contact Ms X within four weeks of this decision.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.
Investigator's decision on behalf of the Ombudsman