Summary: We will not investigate this complaint about the Council’s decision not to issue Mr X a Blue Badge. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X complained that the Council did not issue him a Blue Badge. He said it used an unlawful scoring matrix to make its decision and dismissed his medical evidence.
2. He said the Council discriminated against him. He wants it to issue him a Blue Badge, review its policy and compensation.

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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. Mr X applied for a Blue Badge under the mobility criteria. The Council said it reviewed his application under the eligibility criteria and decided to proceed to consider Mr X’s application under the non-visible disabilities criteria.
8. The Council decided Mr X did not meet the non-visible disability criteria and he appealed its decision and submitted further supporting evidence. The Council then undertook an independent application review which declined his application.
9. We will not investigate Mr X’s complaint. The independent application review considered all the evidence Mr X submitted. It documented how it made its decision and clearly set out its reasons to Mr X in its outcome letter.
10. We are not an appeal body and only consider if there is fault in the way the Council made its decision. Mr X may disagree, but there is not enough evidence of fault in how the Council made its decision to justify our involvement.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman