Summary: We will not investigate this complaint about Mrs 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. Mrs X complains the Council refused her Blue Badge application on the grounds that she can walk short distances. She says the Council did not properly take account of her medical condition or the pain she experiences when walking. She says she struggles to walk from where she parks to her office. Mrs X wants the Council to issue her 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. Mrs X says the Council did not properly consider her medical condition and the pain she experiences when walking. The evidence shows the Council obtained supporting medical information and arranged a mobility assessment with an Occupational Therapist before reaching its decision.
8. The Occupational Therapist recorded Mrs X’s reports of chronic pain, breathlessness, fatigue and the difficulties she experiences when walking. The Council considered this information but decided the evidence did not show Mrs X met the eligibility criteria for a Blue Badge.
9. Mrs X appealed the decision. The Council reviewed the assessment and the information she provided during the appeal process but decided there was insufficient evidence to overturn its original decision. It explained its reasons in its appeal responses.
10. 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. The evidence shows the Council considered Mrs X’s medical information, arranged a mobility assessment, considered her reports of pain and walking difficulties, and reviewed the decision on appeal. We have not seen evidence the Council ignored relevant information or failed to follow the Blue Badge assessment process. Any disagreement is with the professional judgement reached rather than the way the decision was made.
11. We will not investigate Mrs 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 Mrs 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