Summary: We will not investigate this complaint about Ms 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. Ms X complains the Council refused her Blue Badge application. She says the assessment was inaccurate and did not properly reflect the extent of her mobility difficulties. She 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. Ms X says the Council’s assessment was inaccurate and did not properly reflect her mobility difficulties. The evidence shows the Council considered her application and supporting information before reaching its initial decision. Following her appeal, the Council obtained further information through an independent mobility assessment.
8. The Council reviewed the assessment and the information provided during the appeal process. It decided there was insufficient evidence to show Ms X met the eligibility criteria for a Blue Badge and explained its reasons for maintaining the refusal decision.
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. The evidence shows the Council considered the information Ms X provided, obtained an independent mobility assessment, and reviewed the decision on appeal before reaching a final decision. We have not seen evidence the Council ignored relevant information or failed to follow its assessment process. Any disagreement is therefore with the professional judgement reached rather than the way the decision was made.
10. We will not investigate Ms 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 Ms 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