Summary: We will not investigate this complaint about Mr X’s Blue Badge application because there is not enough evidence of fault in the way the Council reached its decision to justify an investigation. We cannot decide whether an organisation has breached the Equality Act 2010, as this can only be determined by the courts.

The complaint

1. Mr X complains the Council wrongly refused his Blue Badge application. He says the Council did not properly consider his autism diagnosis, supporting evidence, and how his condition affects his daily life and ability to travel. He says this amounts to a failure to make reasonable adjustments under the Equality Act 2010. Mr X says the decision has made everyday tasks more difficult. He wants the Council to review its decision and award him 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 his autism diagnosis, supporting evidence, and the impact of his condition on his daily activities and ability to travel. He also says the Council failed to make reasonable adjustments under the Equality Act 2010.
9. We cannot decide whether the Council breached the Equality Act 2010, only the courts can determine this. However, we can consider whether the Council properly took account of Mr X's disability and the impact of its decision on him.
10. The evidence shows the Council considered Mr X's diagnosis, Personal Independence Payment (PIP) information, personal statements and medical evidence when assessing his application. The Council explained why it considered the evidence did not demonstrate that Mr X experienced very considerable psychological distress whilst walking from a vehicle to his destination, which is the relevant Blue Badge eligibility criterion.
11. Mr X appealed the decision. The appeal officer considered the additional information provided and appeal submissions, before deciding there was insufficient evidence to change the original decision. The Council explained its reasons for reaching that view.
12. The evidence does not suggest the Council ignored Mr X's disability or failed to consider the information he provided. The Council was aware of his autism diagnosis, considered the impact of his condition. It provided opportunities for him to challenge the decision through a review and appeal process.
13. We are not an appeal body. This means we do not take a second look at the Council's decision to decide whether it was right or wrong. Instead, we consider whether there was fault in the way the Council reached its decision. The Council considered the information and evidence Mr X provided. It explained why it did not consider he met the Blue Badge eligibility criteria. We have not seen sufficient evidence of fault in the way the Council considered Mr X's application, review or appeal.
14. We will not investigate this complaint because there is not enough evidence of fault by the Council to justify an investigation.

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Final decision

15. 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