The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a Blue Badge. This is because the Council will do a further assessment of the application and do an in-person mobility assessment.
The complaint
The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to award a Blue Badge.
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 the Council offers a fair response. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes her application and medical evidence. I also considered the Ombudsman’s Assessment Code.
My assessment
Ms X has a mental health condition and some physical health problems. Ms X applied for a Blue Badge and submitted medical evidence. The Council considered the application and mainly focused on Ms X’s mental health condition and how it affects her ability to walk. The Council decided Ms X does not qualify for a badge.
I asked the Council if it would do an in-person mobility assessment so it can assess how Ms X’s physical health needs affect her walking. The Council agreed.
I will not investigate this complaint because the Council will review Ms X’s application and do a mobility assessment. This is a fair way to resolve the complaint as it will give Ms X another opportunity to explain her problems and the Council will be able to re-consider the application and observe her mobility. We have no power to award a badge and cannot decide if someone is eligible for a badge – that is for the Council to decide.
Final decision
We will not investigate this complaint because the Council will reassess the application and do a mobility assessment.
Investigator's decision on behalf of the Ombudsman