Summary: We will not investigate this complaint that the Council refused an application for a blue badge. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complained about the Council refusing his blue badge application.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))T
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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. People may qualify for a badge if they are unable to walk, experience very considerable difficulty when walking, which may include very considerable psychological distress, or are at serious risk of harm when walking.
7. Mr X applied for a blue badge. He explained his medical and mobility issues and provided supporting evidence, including from his consultant and GP. The Council considered Mr X’s application and supporting evidence. It decided the application did not meet the qualifying threshold and so refused his application. Mr X appealed the decision, but the Council upheld its refusal.
8. The Council considered the information Mr X provided. The appeal notes show the assessor considered Mr X’s medical conditions and the government guidance. It decided to give more weight to the consultant’s evidence than to some other points. The Council gave reasons for deciding that, while Mr X has some difficulties, they did not reach the threshold for a blue badge.
9. We will not investigate this complaint because it is unlikely we would find fault. We do not act as an appeal body and can only consider if there was fault in the way the Council made the decision. Although Mr X disagrees with the decision, there is not enough evidence of fault in the way the Council made its decision so there is no reason to start an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman