Summary: We will not investigate this complaint about a blue badge application because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Miss Y complains about the Council’s decision to refuse her child’s blue badge application.

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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 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))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

4. I considered information provided by Miss Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y applied for a blue badge for her child (B). The Council refused this. Miss Y appealed this decision, but the Council upheld its refusal.
7. Miss Y says the Council failed to correctly assess the impact of B’s hidden disabilities. The Council explained the Department for Transport’s criteria for assessing applications, which it based its decision on. It provided detailed findings regarding the eligibility criteria, included its rationale for deciding B did not meet this. The Council confirmed it considered evidence submitted by Miss Y, including medical letters and B’s Education, Health and Care Plan.
8. We will not investigate this complaint because there is insufficient evidence of fault in the Council’s actions. I understand Miss Y is unhappy with the Council’s decision. However, I am satisfied the Council properly considered Miss Y’s application in line with local and national policies. It provided a clear explanation on why B did not meet its eligibility criteria for a blue badge.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation 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 someone disagrees with the decision the organisation made.

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Final decision

10. We will not investigate Miss Y’s complaint because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman