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

The complaint

1. Mr X complained the Council declined his Blue Badge application. He said it did not properly consider his health conditions. He said it affected his mental health and caused expense. He wants the Council to reconsider his 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 there is not enough evidence of fault to justify investigating. (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. Mr X applied for a Blue Badge. He attended a mobility assessment, and the Council wrote to him to explain his application was refused because he did not meet the criteria.
7. Mr X appealed the Council’s decision. The Council reviewed Mr X’s appeal and decided Mr X was not eligible for a Blue Badge.
8. We will not investigate this complaint. The Council considered the evidence Mr X provided along with the mobility assessment when it made its decision to decline the application. In its outcome letter and appeal response it clearly explained to Mr X why he did not meet the criteria for a Blue Badge. Therefore, there is not enough evidence of fault to warrant our involvement.
9. We are not an appeal body and only consider if there is fault in the way the Council made its decision. Mr 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

10. We will not investigate Mr 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