Summary: We will not investigate this complaint about the Council’s decision that Ms X’s child Y does not qualify for a Blue Badge. This is because we would be unlikely to find fault with the Council’s way the Council made its decisionactions.

The complaint

1. Ms X complained the Council failed to properly consider her application for a blue badge on behalf of her child Y. She said the Council’s decision has caused her and Y distress and inconvenience.

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The Ombudsman’s role and powers

2. 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))

3. 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)

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How I considered this complaint

4. I considered information provided by the Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A blue badge allows someone with disabilities or health conditions to park closer to their destination. An applicant for a blue badge can be found eligible subject to further assessment. In these cases, the applicant must have a condition which causes them to be unable to walk, or to experience considerable difficulty walking which may include considerable psychological distress.
7. Ms X applied to the Council for a blue badge on behalf of her child Y. Y is nonverbal and is awaiting an assessment for attention deficit hyperactivity disorder.
8. The Council carried out an assessment and considered information in her educational health and care plan and nursery records. The Council noted that whilst Y exhibited emotional dysregulation and lacked insight into danger, she did not qualify for a blue badge on this basis.
9. Ms X appealed the decision and the Council carried out a further assessment. This time, the Council noted Y often did not comply with directions given to her and could be impulsive when upset. The Council said that due to Y’s age she would require adult supervision but maintained she did not meet the criteria for a blue badge as her difficulties were not linked specifically to walking or travel.
10. Ms X remains unhappy with the Council’s decision and wants us to find the Council at fault. The Council has assessed Y and considered a range of information relating to her medical history. The Council has concluded Y does not meet the criteria for a blue badge. There is no evidence of fault in the way the Council made this decision. We cannot find fault with the outcome of the Council’s decision if the decision was made correctly.

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Final decision

11. We will not investigate Ms X’s complaint because we would be unlikely to find fault with the Council’s actions.the way the Council made its decision.

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Investigator's decision on behalf of the Ombudsman