Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Blue Badge application and appeal. This is because there is not enough evidence of fault in how the Council considered the matter to justify investigating.

The complaint

1. Mr X complains about how the Council handled his blue badge application. Mr X the Council dismissed his evidence and has caused him distress. Mr X wants his assessment done by a mental health professional.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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)
3. 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), section 34(B))

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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. Mr X applied for a Blue Badge under the hidden disabilities criteria and the Council declined his application. He appealed the decision and the Council re-assessed his application and found he did not meet the criteria.
7. We will not investigate this complaint. The Council followed its assessment and appeal process. It considered the evidence Mr X submitted to support his application and explained the reasons for its decision in letters sent to Mr X.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.

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Final decision

9. 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