The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to issue a Blue Badge for the complainant’s child. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mrs X, disagrees with the Council’s decision not to issue a Blue Badge to her five year old child. She wants the Council to issue a badge so she can keep her child safe when outside.
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 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), as amended, section 34(B)) We 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 Ms X and the Council. This includes the application, supporting evidence and assessments. I also considered our Assessment Code.
My assessment
People may qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking. People with a non-physical disability (sometimes called a hidden disability) might qualify.
Mrs X applied for a Blue Badge for her child; her child has a range of significant medical conditions. Mrs X applied under the hidden disability rules and submitted supporting evidence. She also referred to some difficulties her child has with physical mobility.
The Council considered the application and did a telephone and face to face assessment. It considered the points made by Mrs X and the supporting evidence, and cross-referenced this with the Blue Badge rules and guidance. The Council agreed her child faces some difficulties but it decided the evidence does not show that these difficulties are to the extent that the child qualifies for a badge under the hidden or physical rules. Amongst other factors the Council referred to a comment in the supporting evidence which said the child enjoys “running, climbing and sliding” and the Council noted that any child of this age will require a high degree of supervision to keep them safe.
I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and we can only consider if there is fault in the way the Council makes a decision. I have no power to award a badge and it is not my role to re-assess the claim or decide if Mrs X’s child is eligible for a badge.
Mrs X disagrees with the Council’s decision and has explained how having a badge would help when she takes her child out. However, we can only intervene if there is fault in the way the Council made the decision. I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the Blue Badge rules. As there is no suggestion of fault there is no reason to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman