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

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision that her child, aged under three, is ineligible for a blue 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the application, the supporting evidence and the Council’s decision. I also considered our Assessment Code.

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My assessment

4. Children under three years of age may qualify for a badge if they must always be accompanied by bulky medical equipment (for example, a ventilator or a suction machine). They may also qualify if they need quick transport to home or hospital and must always be near a car (for example children with severe epilepsy or a tracheostomy). These are the only qualifying conditions for a child who is not yet three years of age.
5. Ms X’s child is under three. Ms X applied for a badge and explained her child needs a chair to use in the bath and a special feeding chair. The Council declined the application because Ms X had not demonstrated that her child needs to travel with bulky equipment or needs to stay close to a car for medical reasons. The Council’s medical adviser noted that the items of equipment listed by Ms X are used at home.
6. Ms X disagrees with the decision and has explained why she needs a badge and how it would help.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. There are limited grounds on which a child under three can qualify for a badge. I have not seen any evidence that Ms X’s child meets this threshold so there is no suggestion of fault in the Council’s decision that the child does not qualify.
8. We do not act as an appeal body and I have no power to issue a blue badge or tell the Council to issue one. We can only intervene if there is evidence of fault by the Council and I see no such evidence. Ms X may disagree with Council’s decision but that disagreement does not mean the Council has done anything wrong.

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Final decision

9. 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