The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to renew the complainant’s Blue Badge. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s decision not to renew his Blue Badge. He says the Council refused a badge even though he is clearly eligible. Mr X also complains the Council has not followed the guidance, has been discriminatory, and has been deceitful, defensive and discourteous. Mr X says there needs to be a wholescale review of how the Council processes Blue Badge applications.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes documents about the application and the complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X complains about the way the Council processed his Blue Badge renewal. He says he is clearly eligible for a badge and the many failings demonstrated by the Council mean there must be a wholescale review and investigation.
I have considered Mr X’s Blue Badge application and the correspondence between him and the Council. This includes his complaints, the complaint replies, and the correspondence about the application.
The Council recently tried to resolve the complaint by offering a mobility assessment and offering to write to Mr X’s doctor to request evidence. Mr X told me he wanted to agree, in advance, the questions the Council would put to his doctor.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the correspondence and there is no suggestion of fault in the way the Council assessed the application and nothing in the way the Council responded to Mr X’s complaints to indicate we need to start an investigation. There was no failure to follow the guidance and although Mr X thinks he is eligible for a badge this does not mean there is fault because the Council reached a different view.
Despite the lack of fault the Council offered a way forward by offering to get medical evidence and to do a mobility assessment. Mr X wants to agree the questions in advance. There is no requirement for the Council to agree questions with an applicant so it is not a matter we would investigate. It is for Mr X to decide whether he wants a mobility assessment and whether to give consent for the Council to seek information from his doctor.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman