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

The complaint

1. Mrs Y complains on behalf of Miss X about the Council’s decision to refuse her application for a blue badge renewal. Miss X says her condition has worsened over time and she does not understand why her application has been refused. Her GP also supports her application and says that walking short distances worsens her symptoms.

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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. 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. Miss X applied to the Council for a renewal of her blue badge. The Council refused her application. Miss X appealed the Council’s decision and provided additional information in support of her application. The Council asked Miss X to provide further, recent evidence in support of the application and listed the type of documents she would need to provide to show her eligibility.
10. The Council considered the information Miss X provided at appeal but maintained its decision to refuse the application. It said Miss X had not provided sufficient evidence to show she meets the criteria for a blue badge. Specifically, she did not provide recent evidence of care treatments or future planned treatments relating to her mobility/walking difficulties; evidence of treatment for walking difficulties nor evidence of on-going treatment, future appointments or referral for future treatments to any medical related institutions relating to walking/mobility issues.
11. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It assessed the application based on the information and evidence Miss X provided and decided she had not provided sufficient evidence to show she currently qualifies for a blue badge. It explained its decision in its appeal outcome letter. 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 the Council made its decision. If, as here, we decide there is no sign of fault in the way the decision was reached we cannot question it. I note Miss X says her GP supports her application, however the decision on eligibility is for the issuing authority to make via the evidence provided and it has clearly explained its decision.

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Final decision

12. We will not investigate Miss 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