Summary: The Ombudsman will not investigate this complaint about a Blue Badge for the complainant’s son because the Council has offered a fair remedy.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council has refused to award a Blue Badge for his child.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe the Council has offered a fair remedy. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and documents from the Council. This includes medical evidence, the mobility assessment report and decision letters. I considered comments Mr X made in reply to a draft of this decision.

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What I found

4. Mr X applied for a Blue Badge for his son. He supplied medical evidence. The Council did a mobility assessment and decided his son does not qualify. Mr X appealed. He stressed that his son is more affected by his health problems in colder weather. He also said his son qualifies under the hidden disabilities rule.
5. The Council considered the appeal but did not change the decision.
6. In response to my enquiries the Council said it would like to reassess the application with particular reference to hidden disabilities. It will send Mr X a claim form so Mr X can provide more information about how his son qualifies under the hidden disabilities rule. Mr X will need to get medical evidence which explains the impact of the medical condition on his son’s emotional and physical wellbeing, and behaviour, when travelling (evidence that relates to hidden disabilities). The Council does not need Mr X to re-send the medical evidence he has already provided.

Assessment

7. I will not start an investigation because the Council has offered to re-assess the application with particular reference to hidden disabilities. This is a fair way to settle the complaint and is the most that could be achieved if we were to start an investigation. I have no power to award a Blue Badge and the most I could achieve for Mr X would be to ask the Council to do another assessment.
8. If Mr X remains dissatisfied after the Council has done another assessment he can make a new complaint. However, the Ombudsman does not act as appeal body and can only consider if the Council has followed the correct process when assessing the application. The Ombudsman does not decide if someone is eligible for a badge – that is the job of the Council.

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Final decision

9. I will not start an investigation because the Council has offered a fair remedy.

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Investigator's decision on behalf of the Ombudsman