Summary: We will not investigate this complaint about Mr X’s Blue Badge application because there is not enough evidence of fault in the Council’s decision to justify an investigation.

The complaint

1. Mr X complains that the Council refused his Blue Badge application under the hidden disability criteria. He says he provided supporting evidence from healthcare professionals, but the Council did not award him a Blue Badge. Mr X wants the Council to reconsider its decision and issue him with a Blue Badge.

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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. 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. 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.
7. The Council considered Mr X’s application and decided he did not meet the eligibility criteria. Mr X then exercised his right to appeal. It was reasonable for Mr X to appeal the decision and provide further supporting evidence.
8. The Council reviewed the additional evidence submitted during the appeal process, including information provided by a healthcare professional. It decided the evidence did not meet the requirements it had set for progressing the appeal and explained why. The Council asked Mr X to provide a completed Expert Assessor Form and gave him six months to submit it.
9. The Council says Mr X did not provide the evidence requested by the Council within that period. As a result, the Council did not complete the appeal. We have not seen evidence the Council failed to follow its appeal process.
10. We are not an appeal body. We do not decide whether Mr X should receive a Blue Badge. Our role is to consider whether there was fault in the way the Council handled the application and appeal. The evidence shows the Council considered the application, explained why it refused it, explained what further evidence it required for the appeal. It gave Mr X an opportunity to provide that evidence. We have not seen sufficient evidence that the Council failed to follow its assessment or appeal process.
11. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

12. We will not investigate Mr 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