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 unfairly rejected his application for a Blue Badge. He says he provided the documents requested and was advised he would have to wait for an assessment date but instead received a refusal letter. He believes the Council should issue him with a Blue Badge or contact his GP for further information.

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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 mobility difficulties, including some non‑visible conditions, to access goods and services. The guidance says councils must only issue badges to people who satisfy one or more of the eligibility criteria set out in legislation.
7. Mr X says the Council acted unfairly by refusing his application without arranging an assessment; despite requesting documents and indicating he would be waiting for an assessment date. DfT guidance does not require councils to arrange an assessment in every case. Councils may decide applications at paper stage and refuse them where the information provided does not indicate the applicant may meet the eligibility criteria.
8. Mr X’s desired outcome is for the Council to issue a Blue Badge or to contact his GP for further medical information. The Ombudsman cannot require a council to award a Blue Badge or to seek medical evidence on an applicant’s behalf.
9. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision.
10. The evidence available does not suggest fault in the way the Council considered and decided Mr X’s application. Without evidence of fault, we cannot question the merits of the decision.
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 an investigation.

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Investigator's decision on behalf of the Ombudsman