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 son. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, Miss X, complains that the Council was at fault in refusing her application and subsequent appeals for a Blue Badge for her son.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council for a Blue Badge for her son. In support of her application, she set out how his multiple diagnoses of hidden disabilities affect his access to transport. The Council carried out an assessment and refused the application.
Miss X pursued the Council’s two-stage appeal process. She provided supporting evidence and argument. The Council refused the appeal at both stages of the process. Miss X believes the decision is flawed, and that her son’s hidden disabilities have not been given sufficient weight.
The Ombudsman will not investigate Miss X’s complaint because there is no evidence of fault on the Council’s part. Miss X disagrees with the Council’s decision, but that is not evidence of fault. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Rather, we look at the processes the Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with the decision.
In this case, there is no evidence that the Council departed from the applicable guidance in considering the application and appeals. or that it failed to consider the evidence before it. That being the case, the Ombudsman cannot intervene to criticise the officers’ professional judgement, or to substitute an alternative view.
Final decision
We will not investigate Miss X’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman