The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse an application and appeal for a Blue Badge. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has been at fault in refusing her application and appeal for a Blue Badge for her daughter.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B says her daughter has qualified for a Blue Badge parking permit for the last nine years. She complains that, although her daughter’s circumstances have not changed, the Council has refused her latest application. She used her right to appeal against the decision but her appeal was refused.
Mrs B believes the Council’s decision is flawed. She wants the decision reviewed and a blue badge issued.
The Ombudsman will not investigate this complaint. It is not for us to take a view on whether the evidence shows Mrs B’s daughter is eligible for a Blue Badge. Rather, it is to consider whether there is evidence of fault in the way the application and appeal were considered.
Mrs B disagrees with the decision. But that does not mean the Council’s actions amount to fault. The correspondence she has provided indicates that the Council considered the evidence she provided. There is no evidence of fault in the way it did so. Without such evidence the Ombudsman cannot criticise the decision it made, or intervene to substitute an alternative view. There are therefore no grounds for us to investigate the complaint.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman