Summary: We will not investigate Mr X’s complaint about the Council’s handling of his application for a blue badge for his daughter. This is because an investigation would be unlikely to add anything to the Council’s response or achieve a significantly different outcome.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s handling of his application for a blue badge for his daughter. Mr X said the Council’s initial response was not detailed enough and only said his daughter did not have a condition which was “enduring and substantial”. Mr X says it took several emails and phone calls for the Council to properly explain its decision.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal. (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. While I understand Mr X’s frustrations and how important this matter is to him, we will not start an investigation into his complaint.
6. We are not a right of appeal and cannot question a council’s decision unless there was fault in the way it was reached. Based on the evidence available there is not enough evidence of fault in the Council’s original decision to refuse Mr X’s request for a blue badge. It appears to be in line with the legislation and so it is not a decision we can question.
7. The Council has also now provided a more detailed response to Mr X about why it refused his application. It has said it has taken on board Mr X’s comments about communicating decisions. The Council also said it had asked for further information about Mr X case to see whether his daughter’s condition could be deemed to be “enduring”. An investigation by the Ombudsman could not achieve anything more and would not lead to a different outcome. We will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would not add anything to the Council’s response or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman