Summary: We will not investigate Mrs M’s complaint about her unsuccessful application for a Blue Badge for her son, B, because there is not enough evidence of fault.

The complaint

1. Mrs M complains the Council refused her application for a Blue Badge for her son, B. B has ADHD and is awaiting an autism assessment.

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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 do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(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 Mrs M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Ombudsman does not decide whether B is entitled to a Blue Badge. This is the Council’s job. We cannot question the Council’s decision unless there is serious fault in the way it was made.
6. The Council refused Mrs M’s application because the evidence she provided did not meet the very high threshold set out in Government guidance.
7. The Council invited Mrs M to submit a supplementary hidden disabilities form and advised who could complete the form and the evidence they should provide.
8. Mrs M is understandably disappointed with the outcome, but that does not mean it is wrong. There is not enough evidence of fault to justify investigation by us.

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Final decision

9. We will not investigate Mrs M’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman