West Sussex County Council (23 005 718)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 20 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the refusal of an application for a blue badge. There is not enough evidence of fault in the way the Council reached its decision to warrant investigation.
The complaint
- Mrs X said the Council failed to take account of her child’s hidden disability when refusing her application for a blue badge.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council refused Mrs X’s appeal for a blue badge on the ground that, while her child has autistic spectrum disorder (ASD) and associated difficulties, these did not create a need for a blue badge. It found the evidence presented did not support Mrs X’s claim that her daughter’s condition meant she was at risk from traffic when crossing a road. I have seen copies of the evidence presented. It refers to other difficulties created by the child’s condition. Therefore, the panel that considered Mrs X’s appeal acted without fault by considering the appeal properly and could decide to refuse the application.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant investigation.
Investigator's decision on behalf of the Ombudsman