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 the Council did not follow Department for Transport (DfT) guidance when it refused his Blue Badge application. He says the Council had no valid reason to refuse his application. He says he is unable to travel independently and is largely confined to his home. Mr X wants the Council to 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) scheme helps people with severe mobility difficulties. Councils must assess applications against the eligibility criteria and DfT guidance.
7. Mr X says the Council did not follow the guidance when it refused his application. The evidence shows the Council considered his application and supporting evidence. It assessed the application under the hidden disability criteria.
8. Mr X asked the Council to review its decision. The Council considered further information and supporting evidence. It then carried out a further appeal review. At each stage, it explained why it did not consider the evidence showed Mr X met the Blue Badge criteria.
9. 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 reached its decision. The evidence shows the Council considered Mr X's application, supporting information, review request and appeal submissions before reaching its decision. We have not seen sufficient evidence that the Council failed to follow the assessment process or ignored relevant information. While Mr X disagrees with the outcome, that does not in itself indicate fault in the way the Council made its decision.
10. 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

11. 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