Devon County Council (25 013 593)
The Ombudsman's final decision:
Summary: Mrs Y complains of procedural fault in the Council’s handling of her daughter’s Blue Badge application and appeal. The Council has since issued a Blue Badge. As the substantive outcome which Miss Y sought has now been achieved, and any remaining injustice is limited, it is not proportionate for the Ombudsman to continue an investigation.
The complaint
- Mrs Y says the Council wrongly rejected her daughter’s application for a blue badge. She says her daughter, Miss Y, receives enhanced rate of Personal Independence Payments (PIP) and has a Motability car.
- Mrs Y says her daughter struggles with planning journeys and would not be able to use a card payment system to pay for parking. Miss Y also struggles with parking in busy areas and would benefit from parking nearer to her destination.
- Mrs Y says this is stopping Miss Y from being independent and she relies on college staff to transport her. She would like Miss Y to have a blue badge.
The Ombudsman’s role and powers
- 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 any injustice is not significant enough to justify our involvement, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
How I considered this complaint
- I considered evidence provided by Mrs Y and the Council as well as relevant law, policy and guidance.
- Mrs Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
- Mrs Y complains about procedural fault in how the Council scored Miss Y’s application for a blue badge. After Mrs Y complained to the Ombudsman, and whilst she was waiting for her complaint to be investigated, the Council contacted her in December 2025 to confirm its decision to award a blue badge for Miss Y following its consideration of new evidence provided by Mrs Y.
- Mrs Y wanted us to continue investigating her complaint because she said her and Miss Y suffered avoidable distress during the application and appeal process.
- We do not start or continue an investigation if we decide the impact of the fault a person complains about is not so significant that we should investigate. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
- As the remaining injustice claimed by Mrs Y is not significant, and she has now received the substantive outcome she sought, it is our view that it is disproportionate to continue investigating this complaint.
Decision
- I have decided to discontinue this investigation for the reasons explained in this statement.
Investigator's decision on behalf of the Ombudsman