Summary: We will not investigate this complaint about an unsuccessful blue badge application for the complainant’s child. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision to refuse her application for a blue badge for her child (Miss A). Mrs X wants the Council to issue a 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 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))
3. 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

4. I considered information provided by Mrs X and the Council. This includes the application and medical evidence, the guidance and the Council’s assessments. I also considered our Assessment Code.

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My assessment

5. People may qualify for a blue badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking. People with a non-physical disability (sometimes called a hidden disability) might qualify. Not everyone with a hidden disability will qualify.
6. The government guidance says councils should consider the effectiveness of existing coping strategies and, for applications for children, consider to what extent any child of that age would need help or supervision.
7. Mrs X applied for a badge for Miss A. Miss A is four years old and has a hidden disability. Mrs X says Miss A’s disability puts her at risk when walking, particularly from traffic. Mrs X says it can be hard to supervise Miss A because she has to look after other children. Mrs X provided evidence to support her application.
8. The Council completed an assessment. The assessment notes show the Council considered Mrs X’s application, medical evidence, appeal and the blue badge rules. The Council cross-referenced the evidence with the qualifying criteria and agreed Miss A experiences some difficulties when walking due to her hidden disability. But, it decided the evidence does not show her difficulties are to the extent that she qualifies for a badge. In reaching this decision the Council considered the coping strategies in place (for example, Miss A is accompanied when walking) and Mrs X’s comments about their effectiveness. The Council noted that any child of four will need supervision to keep them safe. The guidance says councils should take into account existing coping mechanisms and how the age of the child affects the degree of support needed.
9. Mrs X disagrees with the Council’s decision and has explained how having a badge would help and why she thinks the decision is wrong. However, we can only intervene if there is fault in the way the Council made the decision and I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the blue badge rules. As there is no suggestion of fault there is no reason to start an investigation.
10. We are not an appeal body. It is not my role to re-assess the application, say if the decision is right or wrong, or decide if Miss A is eligible for a badge. We have no power to award a badge or tell a council it must issue one.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman