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 mishandled his Blue Badge application. He says he provided the information requested, but the Council later refused the application because it required different evidence which had not previously been explained. He says the Council failed to make reasonable adjustments for his disability, discriminated against him as a disabled person, and did not properly consider the medical evidence he provided. 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.
4. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.

Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. Mr X says the Council did not properly consider the evidence he provided and unfairly refused his application. The evidence shows the Council considered his application under the hidden disability criteria. It reviewed the information he provided and considered the supporting medical evidence submitted. It requested further information before reaching its decision.
9. The Council decided the evidence provided did not demonstrate eligibility under the Blue Badge criteria and refused the application. Mr X appealed. The Council considered the additional information he provided during the appeal process but decided there was insufficient evidence to overturn its original decision. It explained its reasons in its appeal response.
10. Mr X also says the Council discriminated against him and failed to make reasonable adjustments. We cannot decide whether an organisation has breached the Equality Act because only the courts can do that. However, we can consider whether the Council properly took account of Mr X's circumstances. The evidence shows the Council considered his application under the hidden disability criteria, sought further information, and considered his appeal before reaching its decision.
11. We are not an appeal body and cannot decide whether Mr X should have been awarded a Blue Badge. Our role is to consider whether there was fault in the way the Council reached its decision. The evidence available shows the Council considered the information and evidence Mr X provided, sought further information, reviewed his appeal, and reached a decision in accordance with its assessment process. We have not seen evidence it ignored relevant information or failed to consider the evidence provided.
12. 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

13. 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