Summary: We will not investigate this complaint about the Council’s decision not to issue a Blue Badge for the complainant’s daughter. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council was at fault in refusing her application and appeal for a Blue Badge for her daughter.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Miss B applied to the Council for a Blue Badge for her daughter, who suffers from a medical condition. In support of her application, she set out her daughter’s need to attend hospital regularly. She said she needed to be able to park close to the hospital. She also set out the way a Blue Badge would help her in an emergency situation. She provided medical evidence in support of her application.
6. The evidence indicates that the Council carried out a desk-based assessment and found that Miss B’s daughter was not eligible for a Blue Badge. It therefore refused the application. Miss B disagreed with the decision and used her right to appeal against it. Her appeal was not upheld.
7. Miss B believes the Council is at fault. She contends that the evidence she provided demonstrated that her daughter is eligible for a Blue Badge. She wants the Council to change its decision.
8. The Ombudsman will not investigate Miss B’s complaint because there is no evidence of fault on the Council’s part. The reasons for its decision are properly set out in the appeal decision letter and in its response to Miss B’s subsequent complaint and are in line with the Government’s guidance on the Blue Badge scheme. There is no evidence of fault in the way the Council made its decision. That being the case, the Ombudsman cannot criticise the decision, or intervene to substitute an alternative view.

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Final decision

9. We will not investigate Miss B’s complaint because there is no evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman