Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a Blue Badge for her son. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mrs X, complains that the Council is at fault in refusing her application and appeal for a Blue Badge for her son.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X says her son has disabilities which negatively affect his ability to travel safely. She applied for a Blue Badge and provided evidence to support the application. The expert assessor considered the application and decided that Mrs X’s son did not meet the criteria for a Blue Badge. On that basis the Council refused the application.
6. Mrs X used her right to appeal against the decision. The correspondence she has provided shows that the matter was reconsidered at appeal and the decision that the eligibility criteria were not met was upheld. Mrs X believes her son’s needs have not been properly assessed and wants the matter to be reconsidered.
7. The Ombudsman will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part. It is not for us to take a view on whether a Blue Badge should be issued. That is a matter for the Council. The question for us is whether there is evidence of fault in the way the Council has considered the matter and reached a view. There is no such evidence.
8. Mrs X disagrees with the Council’s position. But that does not mean it amounts to fault. The Council has followed the appropriate procedure by which to assess the application. The decision is clearly set out and defensible and there is no indication of fault in the way it was made. That being the case, it is not for the Ombudsman to criticise the decision or intervene to substitute an alternative view.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman