Summary: We will not investigate this complaint about the Council’s decision to refuse a Blue Badge application. This is because there is not enough evidence off fault to warrant our involvement.

The complaint

1. Mrs X complained the Council declined her Blue Badge application. She said it did not consider the evidence she submitted. She said she feels devalued and made to feel her condition is not real. She wants an apology and refund of £50 to cover the cost of a GP letter she provided as evidence.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

My Assessment

5. Mrs X applied to the Council for a Blue Badge and submitted evidence with her application. The Council assessed her application and recorded that it considered the evidence Mrs X submitted. It decided Mrs X was not eligible for a Blue Badge and wrote to her setting out its reasons.
6. Mrs X appealed the Council’s decision to refuse her application. She submitted further evidence which included a GP letter which cost £50.
7. The Council reviewed Mrs X’s appeal and issued her a Blue Badge.
8. Mrs X was unhappy that she had to appeal and complained to the Council. She said it did not consider the evidence she initially submitted and said she should not have had to have paid for a GP letter.
9. In its complaint response the Council said the level of detail provided with Mrs X’s appeal resulted in its decision being overturned. It also said the Council does not ask people to pay for supporting evidence.
10. We will not investigate this complaint. We are not an appeal body and only consider if there is fault in the way the Council made its decision. The Council’s initial assessment records how it made its decision Mrs X was not eligible for a Blue Badge. Its outcome letter clearly explained its reasons to Mrs X. There is not enough evidence of fault to warrant our involvement.
11. The Council’s complaint response explained why it overturned its decision and issued Mrs X a Blue Badge. Further investigation would not lead to a different outcome.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to warrant our involvement.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman