Summary: We will not investigate this complaint about Miss X’s Blue Badge application. This is because there is not enough evidence of fault, in the Council’s decision, to justify investigating.

The complaint

1. Miss X complained that the Council rejected her Blue Badge application and refused her appeal, saying the Council did not properly consider her medical conditions. Miss X also complained about the Council’s complaint handling. She said the refusal caused distress.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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))

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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. Miss X said the Council failed to consider her medical conditions and supporting evidence during her application for a Blue Badge.
7. The Council’s initial consideration of Miss X’s request and appeal correspondence demonstrates it considered Miss X’s medical conditions and supporting documents, but this still fell short of the level of impairment that would mean Miss X was eligible for a Blue Badge.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.
9. I will not investigate Miss X’s complaint because it is unlikely we would find fault. Based on the information I have seen, the Council followed the correct process: it considered Miss X’s medical needs and supporting evidence, applied its assessment criteria, and decided she did not meet the threshold for a Blue Badge. It explained why it gave limited weight to some medical evidence, as it was provided by a relative, and it also considered the additional information Miss X submitted as part of her appeal.
10. Miss X also complained that the Council combined her formal complaint with her application and appeal, rather than responding to it through the formal complaints process.
11. Nor will I investigate the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman