Summary: We will not investigate this complaint about 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. X complained that the Council rejected their Blue Badge application and refused their appeal, saying the decision was unfair because the Council did not properly consider their medical conditions. They 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. X said the Council failed to consider their medical conditions during their application for a Blue Badge.
7. The Council’s initial consideration of X’s request and appeal correspondence demonstrates it considered X’s medical conditions, but this still fell short of the level of impairment that would mean X was eligible for a Blue Badge.
8. I will not investigate 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 have followed the processes and considered X’s medical needs, scored them in line with its assessment criteria and decided they did not meet the threshold for a Blue Badge. It explained why it had considered the medical evidence submitted was insufficient. It also considered the additional information X provided as part of their appeal.
9. 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.

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Final decision

10. We will not investigate 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