London Borough of Harrow (24 018 554)

Category : Children's care services > Disabled children

Decision : Closed after initial enquiries

Decision date : 03 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Mrs X’s application for a Blue Badge for her son. This is because there is not enough evidence of fault by the Council.

The complaint

  1. Mrs X complains the Council has not fully understood her son’s needs when it declined her application for a Blue Badge for him.
  2. Mrs X says this has left her feeling unsupported and that the decision is unfair

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The Ombudsman’s role and powers

  1. 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))
  2. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council refused Mrs X’s application and upheld this decision on appeal in April 2024. Its final response said Mrs X could make a fresh application 9 months after that decision. Mrs X approached us with her complaint in January 2025.
  2. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the process an organisation followed to make its decision. If we consider it followed the process correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
  3. We will not investigate Mrs X’s complaint. The reasons for the Council’s decision are set out in the original decision letter and appeal letter. They are in line with the Government’s guidance and the Council’s process for the Blue Badge scheme. There is not enough evidence of fault in the way the Council made its decisions.
  4. It is now more than 9 months since the Council’s final decision. Mrs X can make a new application for a Blue Bage. She can provide any further supporting evidence in her new application.

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Final decision

  1. We will not investigate Mrs X’s complaint because there is not enough evidence of fault. Due to the passage of time since the Council’s decision, Mrs X can make a new application to the Council.

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Investigator's decision on behalf of the Ombudsman

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