Summary: We will not investigate Mr X’s complaint about the Council’s Blue Badge application process. There is not enough evidence of fault and it is unlikely an investigation would lead to a different outcome.

The complaint

1. Mr X complains about delays in the Council’s Blue Badge application process. He says the delay is unlawful, the Council has not met his request for reasonable adjustments and has breached his human rights. He also complains about poor complaints handling. He wants the Council to assess his Blue Badge application, apologise, compensate him for the delay and review its procedures.

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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 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a Blue Badge. The Council told him that due to a high number of new applications, there may be up to 24 weeks wait for an assessment.
7. Mr X complained about this delay. He said it was unlawful and that the Council had not met his reasonable adjustment request for a telephone assessment.
8. In its complaint response, the Council told him:
• the wait for an assessment varied depending on demand for the service. It said it felt it was important to advise people of the potential timescales at the start of the application process.
• His application and supporting evidence did not currently meet the criteria to issue a Blue Badge, but it was willing to undertake further assessment. It invited him to submit further expert evidence to support his application and offered to arrange a telephone assessment.
9. We will not investigate this complaint. In its response, the Council offered to undertake further assessment and advised him how to arrange a telephone assessment. This is what Mr X wanted. It is for the Council to decide whether he meets the criteria to issue a Blue Badge, we could not require the Council to do this. The Council agreed to further assessment of his application and so it is unlikely an investigation by us would achieve anything more or lead to a different outcome.
10. Mr X says the Council’s actions are in breach of the Equality Act, breach his human rights and the complaint correspondence is offensive and dismissive. I have seen no evidence of this. The complaint response offers him a telephone assessment, respond to his concerns and is professional in its tone. There is insufficient evidence of fault to warrant an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman