Summary: We will not investigate this complaint about the Council’s mobility assessment and its 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 relied on an inaccurate mobility assessment that did not reflect her circumstances, leading to delays in resolving her Blue Badge application. She also complained of poor communication and delays in handling her complaint, which she said 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 properly consider her circumstances because it relied on an inaccurate mobility assessment, which she said did not reflect what was observed or discussed during the assessment.
8. The Council’s consideration of Mrs X’s application, appeal, and complaint shows it relied on the assessment provider’s professional judgement and investigated the concerns raised. It accepted one minor reporting error, which it said had been addressed, but found insufficient evidence to conclude the remainder of the assessment was inaccurate or that the assessor acted improperly. It explained that decisions about eligibility are made through the appeals process, which is separate from the complaint’s procedure.
9. I will not investigate Mrs X’s complaint because it is unlikely we would find fault. On the information available, there is evidence the Council followed its assessment and complaint processes and considered Mrs X’s concerns in line with relevant guidance. In addition, as the Council has since issued Mrs X with a Blue Badge after considering further information she provided, 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 her complaint, saying there were delays and poor communication.
12. Nor will we investigate the complaint handling further, 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