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

The complaint

1. Mr X complained the Council did not consider his Blue Badge application fairly. He said it did not take his supporting evidence into consideration. He said its decision inhibited his ability to live an independent life. He wants the Council to issue him with a Blue Badge.

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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))
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a Blue Badge. The Council completed an assessment and said the evidence did not show that Mr X’s condition caused very considerable difficulties when walking. It also said his symptoms were intermittent and proximity to the toilet are not part of the Department for Transport’s criteria. Therefore, the Council decided to refuse his application.
7. Mr X appealed the Council’s decision and submitted new evidence. The appeal was not upheld.
8. 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.
9. The Council reviewed Mr X’s application and considered all the evidence he provided. It clearly set out its reasons why it decided he did not meet the criteria for a Blue Badge in its outcome letter and appeal response. 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

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

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Investigator's decision on behalf of the Ombudsman