Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her child’s application for a blue badge. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for a blue badge for her 5 year old daughter, Y, who has autism.

Back to top

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)
3. We do not start or continue 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))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. There are two types of eligibility criteria:

• where a person is eligible without further assessment, they will receive a Blue Badge;
• where a person is eligible subject to further assessment, they have to fulfil one or more of three criteria to qualify for a badge. They must:
• drive a vehicle regularly, have a severe disability in both arms and be unable to operate, or have considerable difficulty operating, all or some types of parking meter; or
• have been certified by an expert assessor as having an enduring or substantial disability, which causes them, during the course of a journey, to be unable to walk or experience very considerable difficulty walking, which may include very considerable psychological distress; or
• be at risk of serious harm when walking, or pose a serious risk of harm to any other person.

9. Mrs X applied to the Council for a blue badge for her daughter Y who is five years old and has autism.
10. The Council considered Y’s application under the ‘eligible subject to further assessment’ criteria as it did not meet the automatic eligibility criteria. It refused Y’s application as it found she does not currently meet the DfT eligibility criteria for a blue badge.
11. Mrs X appealed the Council’s decision and provided additional evidence in support of the application.
12. The Council considered the information Mrs X provided at appeal and it carried out a further, telephone assessment via a registered and experienced healthcare professional. It upheld its decision to refuse the application as the criteria for the issuing of a blue badge was not met and it clearly explained its reasons.
13. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at the processes it followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether Mrs X disagrees with it. In this case, the Council assessed and decided Y’s application against the relevant DfT guidance and took account of the information and evidence Mrs X provided in reaching its decision. There is no sign of fault in how the decision was made and we therefore cannot question it.

Back to top

Final decision

14. We will not investigate Mrs X’s complaint because there is no sign of fault in the Council’s consideration of Y’s blue badge application.

Back to top

Investigator's decision on behalf of the Ombudsman