The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a blue badge. This is because there is not enough evidence of fault in the way the Council made its decision to justify an investigation.
The complaint
Miss X complains the Council refused to give her son a blue badge, despite her providing information about his circumstances.
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 or continue 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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied for a blue badge because her son cannot communicate his needs, is in danger because he runs into the road and gets distressed and refuses to walk and go places that he does not know. She provided supporting information.
The Council refused her application because the information provided was incomplete and more than 3 years old. It told Miss X she could appeal against the refusal and should provide more medical and educational evidence such as: diagnostic reports from occupational therapists, speech and language therapists or education psychologists; or behaviour support plans, learning plans ; or a copy of an Educational, Care and Health Plan.
Miss X appealed and provided a letter from the Special Educational Needs Co-ordinator at her son’s school. However, she did not provide any evidence of his medical diagnosis or information the Council asked for.
The Council decided the information provided by Miss X was not sufficient to demonstrate the need for a blue badge. However, it told Miss X it would consider her application again if she provided the information it asked for.
The Ombudsman cannot act as a further right of appeal, or decide if the decision was right or fair, or decide if the child should have a blue badge. We can only find fault if the Council’s decision is one it could not have reached by acting properly. That is not the case here. The evidence before the Council entitled it to reach the decision it did.
I understand Miss X is not happy that she was charged £10. The Council agreed to add information to its website for clarity.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council reached its decision to warrant investigation.
Investigator's decision on behalf of the Ombudsman