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

The complaint

1. Mrs X complained the Council declined her Blue Badge application. She said it did not consider her evidence. She said its decision was not made in line with Department for Transport (DfT) guidance. She said its decision had a significant impact on her independence and she feels unsafe. She wants the Council to reassess her application.

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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 further investigation would not lead to a different outcome. (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. Mrs X applied for a Blue Badge under the hidden disability criteria and the Council declined her application. Mrs X appealed the response and at the same time submitted a new application.
7. In its complaint response the Council apologised that it did not inform Mrs X that it could not consider her new application whilst there was an ongoing appeal. It also apologised for the delay in refunding her payment and other administrative errors in its communication. This is an appropriate response from the Council and further investigation would not lead to a different outcome.
8. Mrs X said the Council did not make its decision to refuse her Blue Badge application in line with the Department for Transport (DfT) criteria.
9. We will not investigate this complaint. The Council considered all the evidence available when it decided Mrs X did not meet the criteria for a Blue Badge. It clearly set out its reasons as to why Ms X did not meet the criteria in its decision letter and appeal outcome letter.
10. We are not an appeal body and only consider if there is fault in the way the Council made its decision. Mrs 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

11. We will not investigate Mrs 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