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's decision to refuse her Blue Badge application was unfair and that her application was not properly considered. She says she has significant mobility difficulties which affect her ability to walk safely and independently. She believes the decision does not accurately reflect the evidence she provided. 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 failed to properly consider her mobility difficulties and supporting medical evidence. The evidence shows the Council obtained a face-to-face mobility assessment and considered information from Mrs X's application, and other supporting evidence before reaching its decision. The mobility assessment considered matters identified in the DfT guidance.
8. Mrs X appealed the decision and provided further information. The Council considered the appeal but decided the additional information did not alter its view that Mrs X did not meet the eligibility criteria. It explained its reasons in its appeal response.
9. We are not an appeal body and cannot decide whether Mrs 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 shows the Council considered the information and evidence Mrs X provided, obtained a mobility assessment, considered her appeal, and reached a decision in line with its assessment process. We have not seen evidence the Council ignored relevant information or failed to follow DfT guidance.
10. 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

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman