The Ombudsman's final decision
Summary: We will not investigate this complaint about an application for a Blue Badge because the Council is still considering the application.
The complaint
The complainant, Mr X, complains about the Council’s decision not to give him a Blue Badge. He says a badge is critical for his job and he qualifies due to the medical conditions he has.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the application, medical evidence, the Council’s decision and an update from the Council. I also considered our Assessment Code.
My assessment
The Council declined Mr X’s application for a Blue Badge. After an appeal it told Mr X it had nothing further to add and it signposted Mr X to us.
Mr X complained to us but also continued to pursue the application with the Council.
The Council considered additional points Mr X made but it did not change the decision. It is, however, still assessing the application and has written to Mr X to ask him to supply further medical evidence. It said it would consider his appeal further once Mr X had provided the specific information it had requested.
I will not investigate this complaint because the Council is still assessing the application and has requested more medical evidence from Mr X. We have no power to award a badge and it is not my role to decide if he is eligible for a badge. The Council will re-assess the application once Mr X provides the additional information. I appreciate the Council signposted Mr X to us but it is for the Council, not us, to decide if he is eligible and it would not be appropriate for us to get involved when the Council is still considering the application.
Final decision
We will not investigate this complaint because the Council is still considering application.
Investigator's decision on behalf of the Ombudsman