Summary: The Council failed to follow its own procedures when Mrs X disputed its decision not to offer her a blue badge for disabled parking. It has now agreed to review her application using the correct process.

The complaint

1. Mrs X said the Council failed to properly process her application for a disabled parking blue badge for her daughter. She said the Council failed to recognise her daughter’s hidden disability despite letters from professionals. She said this caused her daughter to miss out on opportunities and caused her stress.

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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. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

4. I read Mrs X’s complaint and noted the Council’s confirmation that it had failed to follow the correct process when Mrs X disputed its decision. I gave her an opportunity to comment on a draft decision.

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What I found

5. The Council has a review process when a person disputes a decision not to award a blue badge for disabled parking.
6. In Mrs X’s case, she disputed the decision that she did not need a blue badge. She said her daughter has hidden disabilities and that professionals have confirmed this.
7. It is not my role to decide if Mrs X’s daughter has disabilities that mean Mrs X needs a blue badge for parking. That is for the Council to do.
8. When we contacted the Council, it told us it had made an error by not dealing with the dispute via its review process. It told us it would now do so.
9. Failing to use the correct process is fault. This has caused Mrs X the injustice of not knowing if her application would have been successful if the Council had carried out the review according to its policy.
10. It will not be clear whether Mrs X and her daughter lost out on the benefits of a blue badge for disabled parking, or if Mrs X’s stress was caused by the Council’s failure to provide what she was entitled to, until after the review has happened.

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Agreed action

11. The Council’s agreement to carry out a review of Mrs X’s application, as per its policy, is a suitable remedy for the injustice of uncertainty caused by its earlier failure to use the correct process. It should do at its earliest convenience.
12. Mrs X will be welcome to return to us after the review if she considers there is fault in the way the Council conducts it.

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Final decision

13. We will not investigate this complaint. This is because the Council’s offer of a review is a suitable remedy for the injustice caused by failing to use the proper process.

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Investigator's decision on behalf of the Ombudsman