London Borough of Islington (21 009 417)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 12 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to issue Child Y a Blue Badge. This is because there is insufficient evidence of fault by the Council.
The complaint
- Ms X complains the Council has refused to issue her daughter, Y, with a Blue Badge.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6)).
- We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Y has a hidden disability. Ms X applied for a Blue Badge for her daughter.
- The Council assessed Y under the Hidden Disabilities Criteria for a Blue Badge as her condition is neurological and not physical.
- The Council reviewed the evidence provided by Ms X.
- Child Y did not meet the criteria to automatically qualify for a Blue Badge.
- The Council considered the application under the criteria subject to further assessment. The Council found Y did not meet the criteria. The Council refused the application.
- The Council assessed Y’s application and supporting information provided in line with the Blue Badge guidance issued by the Department of Transport. The Council concluded Y did not meet the Hidden Disabilities criteria for a Blue Badge. There is insufficient evidence of fault in how the Council handled the application to warrant an investigation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman