Leeds City Council (24 010 231)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 20 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to issue a blue badge to the complainant. There is insufficient evidence of fault in the way the Council considered the application.
The complaint
- Miss X complains about the Council’s decision not to issue her with a blue badge.
The Ombudsman’s role and powers
- We can 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. So, we do not start 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))
- We can 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not act as an appeal body and can only consider if there is fault in the way the Council made its decision on Miss X’s blue badge application. We have no power to award a badge, and it is not our role to re-make the decision or decide if Miss X is eligible for a badge.
- I appreciate Miss X disagrees with the decision, but there is not enough evidence of fault in the way the Council assessed her application to justify starting an investigation. I understand Miss X did not automatically qualify for a blude badge, so the Council gave her the opportunity to submit any information she felt was relevant to her application, and invited her to a face-to-face assessment.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council considered her blue badge application.
Investigator's decision on behalf of the Ombudsman