Summary: We will not investigate Mrs X’s complaint about how the Council considered her Blue Badge application and appeal for her child because there is insufficient evidence of fault.

The complaint

1. Mrs X complained the Council refused her application for a Blue Badge for her son, Y. Mrs X said the Council failed to apply the correct criteria to the application and the decision to refuse was incorrect.
2. Mrs X said the matter caused her frustration and distress.

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The Ombudsman’s role and powers

3. 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), section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint. The Council considered Mrs X’s application and appeal. It considered the original evidence and additional information provided.
7. 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.
8. There is insufficient evidence of fault in the way the Council considered the application and appeal to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman