West Sussex County Council (25 016 644)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 11 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s response to reports of misuse of her child’s blue badge. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
- Miss X complains about the Council’s response to anonymous reports about misuse of her child’s blue badge. The Council sent her two warning letters regarding the potential misuse of the blue badge by family or friends.
The Ombudsman’s role and powers
- 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)
- 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))
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council after it sent her two warning letters about possible misuse of her child’s blue badge. The letters set out the potential consequences of misuse of the badge. The Council sent the first letter in 2023 and the second in summer 2025. Miss X says her child’s blue badge has never been misused and the Council accused her of misusing it without giving her the opportunity to provide a statement first. It also declined her request to provide specific details of the reported misuse. Miss X raised concerns the reports may have been racist or retaliatory.
- The Council explained it assesses reports of blue badge abuse on a case by case basis. It assesses the information provided and decides whether to take any action. In this case, it decided to issue a formal letter. It explained the letter does not accuse Miss X of misusing the badge, but notifies her that it has been informed of possible misuse and sets out the potential repercussions of badge misuse.
- It explained that, in line with its confidentiality policy, it cannot disclose the specific details Miss X requested about the alleged misuse. This is because it would potentially identify the reporters. It said it had received contact from a “trusted partner of good authority” to suggest the badge had been misused amongst the parties who reported the badge’s misuse.
- We will not consider Miss X’s complaint about the letter sent in 2023. It lies outside our jurisdiction because it is late. The law says we cannot investigate complaints about matters the person affected has known about for more than 12 months. I see no good grounds to exercise discretion to consider the 2023 letter now.
- We will not investigate Miss X’s complaint about the Council’s 2025 letter. This is because there is insufficient evidence of fault by the Council to warrant an investigation. It has clearly explained to Miss X how it considered the reports and why, based on the information received, it decided it had sufficient evidence and reason to issue the letter. This is a decision the Council was entitled to make. It also confirmed that on the information it had received and considered it was satisfied the reports were not retaliatory or racist in nature.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation. The complaint about the Council’s 2023 letter lies outside our jurisdiction because it is late and I see no good grounds to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman