Summary: We will not investigate this complaint about a blue badge application because there is not enough evidence of fault in the Council’s decision to justify our involvement.

The complaint

1. Mrs Y complains the Council rejected Mrs X’s blue badge application. Mrs Y says the decision means Mrs X cannot leave her house to make medical appointments, and wants the Council to reconsider its decision.

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The Ombudsman’s role and powers

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))

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How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
5. The evidence shows the Council assessed Mrs X’s application using a hidden disabilities assessment tool conducted by an expert assessor. The assessment concluded that Mrs X did not meet the criteria for a blue badge. Mrs Y appealed the decision, and the Council upheld it. The Council gave its reasons, with reference to the DfT criteria. The Council also informed Mrs X she could reapply in six months.
6. 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.
7. We will not investigate this complaint because there is insufficient evidence of fault in how the Council made its decision. I understand Mrs Y is unhappy with the Council’s decision. However, I am satisfied the Council properly considered Mrs X’s application. It considered Mrs X’s medical needs and evidence, scored them in line with its assessment criteria and decided Mrs X not meet the threshold for a blue badge. The Council then explained the reasons for its decision and considered Mrs Y’s appeal.

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Final decision

8. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman