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

The complaint

1. Mrs Y complained the Council has wrongly refused a blue badge for her child.
2. Mrs Y says this puts her child’s health at risk as her child needs to be able to stay near a vehicle to allow rapid access to care and treatment.

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The Ombudsman’s role and powers

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)
4. 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))

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How I considered this complaint

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

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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 only to issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. To qualify for a blue badge a person must be aged three or over. Children under three may also be eligible if, because of a condition they:

• must be accompanied by bulky medical equipment; and/or
• must be kept near a motor vehicle for either treatment or transportation for treatment.

9. Mrs Y applied to the Council for a blue badge for her child (X) who is two years old, on the basis that they must be kept near a motor vehicle for care and treatment.
10. Mrs Y provided medical evidence from X’s GP and Physiotherapist who confirmed leg and foot pain which affects X’s mobility. The medical evidence did not address the need for X to be near a vehicle in order to receive treatment.
11. Mrs Y says her child suffers from a medical condition which causes an increase in movements in their hips and foot spasms with pain. She says the only way to relieve the pain is with immediate massage therapy. Mrs Y says X needs to be near a vehicle to receive immediate massage therapy to relieve the pain.
12. The Council refused the blue badge application for X. The Council considered the application under the Department for Transport’s (DfT) guidance for blue badges for children under the age of three.
13. Mrs Y appealed the Council’s decision. The Council reviewed the original application, appeal letter and original supporting documents sent with the application.  It upheld its decision to refuse the application as the criteria for issuing of a blue badge was not met.
14. 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 whether there was fault in how the Council made its decision.
15. The Council considered the GP and Physiotherapist evidence Mrs Y provided and applied the DfT guidance when making a decision. It found the evidence not to be sufficient to meet the criteria because it has confirmed the child’s disability but does not demonstrate how they meet the DfT guidance for blue badges for under two year olds. The Council has said that Mrs Y can reapply under the broader blue badge policy when X turns three.
16. Therefore, we will not investigate Mrs Y’s complaint as there is not enough evidence of fault to justify investigating.

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Final decision

17. We will not investigate Mrs Y’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman