Summary: We will not investigate this complaint about Mr X’s Blue Badge application. There is not enough evidence of fault in the Council’s decision to justify an investigation.

The complaint

1. Mr X says the Council did not follow its policy when giving him a Blue Badge. He wants the Council to give him a badge that lasts for three years, as the policy says.

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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. 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. The Blue Badge scheme helps people who have serious problems walking. The guidance says councils must only give a badge to people who meet the rules in the law.
7. The Ombudsman is not an appeal body. We do not decide if a decision was right or wrong. We only check how the Council made the decision. If the Council followed the correct steps, we cannot question the outcome, even if the person disagrees with it.
8. If the person is assessed by a desk review, the Council can choose how long the badge lasts. It can give up to three years, or less, depending on the medical evidence. There is no rule that says the Council must give a full three-year badge.
9. If someone gets a Blue Badge because of a Personal Independence Payment (PIP) award, the Council can give the badge only until the PIP end date. It cannot give a badge that lasts longer than the PIP award.
10. The Council looked at Mr X’s application and the evidence he gave. It then gave him a Blue Badge that lasts until his PIP ends. The Council did not accept his appeal because it does not take appeals when someone has already been given a badge. Mr X can apply again when his badge runs out.
11. We will not investigate Mr X’s complaint. There is not enough evidence of fault by the Council.

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Final decision

12. We will not investigate Mr X’s complaint. There is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman