Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s Blue Badge application and appeal. This is because there is not enough evidence of fault, in how the Council considered the matter, to justify investigating. In addition, further investigation by us is unlikely to lead to a different outcome.

The complaint

1. Mrs X complained the Council refused her initial Blue Badge application and then, on appeal, issued a Blue Badge valid for only one year instead of three. She also complained that the Council mishandled her complaint, citing miscommunication and delays. She said this caused her 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))
4. 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 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X said the Council failed to consider her medical conditions during her application for a Blue Badge.
8. The Council’s consideration of Mrs X’s initial application and subsequent appeal shows it took account of the medical evidence she provided. The Council requested further evidence and, having reviewed the information received, decided to issue a Blue Badge valid for one year. It also explained what medical evidence was missing and what further information Mrs X needed to provide to support her application.
9. I will not investigate Mrs X’s complaint because it is unlikely we would find fault. On the information available in the reports I have seen, there is evidence the Council followed its assessment process, considered the available medical evidence, and applied its criteria to reach its decision. Also, as the Council has already given Mrs X the opportunity to submit additional medical evidence when the one‑year badge expires, a further investigation by us is unlikely to lead to a different outcome.
10. 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.
11. Mrs X also complained about the Council’s handling of complaint, saying it caused delays and miscommunication during the appeal process.
12. Nor will we investigate the complaint handling, as it would not be a good use of public resources to consider the complaints process when we cannot investigate the substantive issue.

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Final decision

13. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating. In addition, further investigation by us is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman