London Borough of Ealing (25 008 414)
The Ombudsman's final decision:
Summary: We upheld Mr X’s complaint about the Council’s decision to refuse a Blue Badge application. The Council agreed to resolve the complaint by reconsidering the appeal evidence Mr X submitted and by making a service improvement.
The complaint
- Mr X complained the Council rejected his great grandchild’s, Y’s Blue Badge renewal application. He said it rejected the application because a supporting letter was not signed by a registered professional.
- He said he was unable reapply for six months. He wants the Council to issue a Blue Badge.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council rejected a Y’s Blue Badge application. He said it refused to accept supporting evidence because it was not signed by a registered professional.
- If we were to investigate this complaint it is likely we would find fault because the Council did not consider evidence provided by a social care professional. In its appeal response the Council said it could not accept supporting evidence from an apprentice social worker.
- However, The Department for Transport guidance states the Council should consider supplementary information provided by medical and social care professionals familiar with the applicant. We would expect the Council to have considered the letter provided by the apprentice social worker as part of the application. This resulted in avoidable frustration and uncertainty for Mr X as to how the Council considered the appeal.
- We therefore asked the Council to consider remedying the injustice cause to Mr X by:
- reconsidering the appeal evidence including the letter from the apprentice social worker.
- reminding those assessing that they should be considering evidence provided by health and social care professionals.
- In its response, the Council confirmed it had reviewed Miss X’s application. It said the terminology used to refer to the social workers letter was incorrect. It said Miss X’s programme of community integration should have been considered and included in the assesment report. To address its omissions, it said the Expert Assessor would receive supervision and training.
- The Council also agreed to review Miss X’s application as a priority and said it would provide assistance and guidance on submitting evidence.
Final decision
- We upheld Mr X’s complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman