Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her application for a blue badge. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for a blue badge. Mrs X has endometriosis and is anaemic. She suffers from severe leg pain and fatigue as a result which impacts her ability to walk long distances.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. Councils are responsible for the day-to-day administration and enforcement of the scheme. The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. There are two types of eligibility criteria:

• where a person is eligible without further assessment, they will receive a Blue Badge;
• where a person is eligible subject to further assessment, they have to fulfil one or more of three criteria to qualify for a badge. They must:
• drive a vehicle regularly, have a severe disability in both arms and be unable to operate, or have considerable difficulty operating, all or some types of parking meter; or
• have been certified by an expert assessor as having an enduring or substantial disability, which causes them, during the course of a journey, to be unable to walk or experience very considerable difficulty walking, which may include very considerable psychological distress; or
• be at risk of serious harm when walking, or pose a serious risk of harm to any other person.

9. Mrs X applied to the Council for a blue badge.
10. The Council assessed Mrs X’s application. It considered the information Mrs X provided and completed an in person mobility assessment which was carried out by a suitably qualified professional. It found that whilst Mrs X experienced leg pain and fatigue she did not meet the eligibility criteria for the issuing of a blue badge as set out in the DfT guidance and so it refused her application. It said Mrs X was observed during the assessment walking continuously at a moderate speed with short rest and recovery.
11. Mrs X appealed the Council’s decision. The Council considered the information Mrs X provided but upheld its decision to refuse the application and explained its reasons.
12. We will not investigate Mrs X’s complaint. This is because, whilst I acknowledge Mrs X is dissatisfied with the Council’s decision to refuse her application, there is insufficient evidence of fault by the Council here to warrant an investigation. The Council assessed and decided Mrs X’s application in line with the relevant guidance and considered the information Mrs X provided in making its decision.
13. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at whether there was fault in how it made its decision. If, as here, we consider there is no sign of fault in the way the decision was made we cannot question the outcome even though Mrs X disagrees with it.

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Final decision

14. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman