The Ombudsman's final decision
Summary: We will not investigate this complaint about the refusal of a blue badge. There is not enough evidence of fault to warrant investigation.
The complaint
Miss X said the Council wrongly refused a blue badge for her child. She says her child has autism and no sense of danger, just running into the road.
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 or may decide not to continue with 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
It would be fault for a council to refuse a blue badge without properly considering the evidence presented. However, reading Miss X’s complaint and the Council’s refusal letter she sent, it is clear the Council considered her case, but took a different view of her child’s needs based on the evidence before it. A difference of interpretation is not evidence of fault. We are not entitled to substitute an alternative view of a decision reached without procedural fault.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant this.
Investigator's decision on behalf of the Ombudsman