Summary: We will not investigate this complaint about the Council’s decision not to issue a Blue Badge for the complainant’s daughter. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s decision not to issue his daughter with a Blue Badge.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council for a Blue Badge for his daughter. Mr X explained his daughter needs someone to support her and is at risk in traffic. Mr X said his daughter cannot assess risks when in public and sent medical information in support of his application.
6. The evidence shows the Council carried out a desk-based assessment and found that Mr X’s daughter was not eligible for a Blue Badge. It therefore refused the application. Mr X disagreed with the decision and used his right of appeal. The Council refused Mr X’s appeal and said there was not enough evidence to show his daughter qualified for a Blue Badge. The Council listed the type of evidence it would expect to see if Mr X reapplied.
7. Mr X B believes the Council is at fault. He contends that the evidence he provided shows that his daughter is eligible for a Blue Badge. He wants the Council to change its decision.
8. The Ombudsman will not investigate Mr X’s complaint because there is not enough evidence of fault on the Council’s part. The reasons for its decision are properly set out in the appeal decision letter. There is no evidence of fault in the way the Council made its decision. That being the case, the Ombudsman cannot criticise the decision, or intervene to substitute an alternative view.

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Final decision

9. We will not investigate Mr X’’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman