Summary: We will not investigate this complaint about the Council’s decision not to issue a blue badge. That is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complained about the Council’s decision not to renew her daughter’s, Y’s blue badge. She said the Council did not get information from Y’s GP or complete a mobility assessment. She said that as a family, they are unable to complete weekly tasks such as shopping, because of the distress Y experiences. Mrs X wants the Council to review its decision and issue a blue badge.

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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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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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. Mrs X applied to renew Y’s blue badge. She said that Y experienced considerable distress when outside and that posed a risk to her safety. The Council rejected the application because Mrs X did not provide supporting evidence to demonstrate Y met the criteria for a blue badge. It said it needed evidence from a professional who knew Y.
7. Mrs X appealed. As part of that appeal, the Council contacted Y’s school, her previous Social Worker, and an Occupational Therapist. It also considered information Mrs X provided about Y using masking behaviours. The Council did not contact Y’s GP. In correspondence with Mrs X, it explained the GP would have needed to of observed Y’s difficulties in accessing the community in getting to/from a vehicle. The Council decided not to issue a blue badge as Y did not meet the criteria.
8. Although Mrs X is unhappy with the Council’s decision there is insufficient evidence of fault in how it made that decision to justify investigating. It considered the information presented by Mrs X and three separate professionals. It decided Y was not eligible. We cannot substitute a different view on a decision reached without procedural fault.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman