Summary: We will not investigate this complaint about the Council’s decision to decline the complainants application for a Blue Badge for her son. This is because there is no evidence of fault in how the Council carried out its assessments.

The complaint

1. The complainant, who I will refer to as Miss C, complains that the Council is at fault in declining her application for a Blue Badge for her son who has hidden disabilities.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Miss C’s complaint, the application and review documents provided by the Council and the non-statutory guidance issued by the Government in 2019. I have sent a draft version of this decision to Miss C and invited her comments.

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What I found

4. Miss C’s son has a diagnosis of autism and communication delay. Miss C says his diagnosis, and the dangers it poses to him, means her son needs a Blue Badge under the disabled parking scheme administered by councils.
5. Miss C applied for a Blue Badge on the grounds of her son’s non-visible disability. She provided the Council with evidence in support of the application. The Council assessed the application and declined it. Miss C asked for a review of the decision. The Council spoke to Miss C, invited her to submit further evidence. The Council then reassessed the application and declined it again.
6. Miss C argues that the Council is at fault in declining the application. She argues that it failed to take proper account of new guidance issued to councils regarding non-visible disabilities. She argues that her son qualifies under the terms of the guidance and the Council should issue him with a Blue Badge.

Assessment

7. I will not investigate Miss C’s complaint because there is no evidence of fault on the Council’s part. The Council carried out two separate assessments, specifically on the basis of non-visible disabilities. The assessments were carried out by different officers who reached the same conclusion. The Council says it uses the non-statutory guidance issued by the Government in 2019 and there is nothing in the two assessments to indicate otherwise.
8. Whilst Miss C strongly disagrees with the Council’s decision, it is not for me to say whether her son should have a Blue Badge or not. There is no evidence of fault in the way the Council decided the application or review. In the absence of evidence of fault, I cannot criticise the decision or intervene to substitute an alternative view.

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Final decision

9. I will not investigate this complaint. This is because there is no evidence of fault in how the Council assessed the Blue Badge assessments for Miss C’s son.

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Investigator's decision on behalf of the Ombudsman