The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse him a Blue Badge. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains about the Council’s decision to refuse him a Blue Badge. He says this has caused distress and reduced his confidence to travel in his community. He wants the Council to issue him with a Blue Badge.
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)) 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
Mr X applied for a Blue Badge under the hidden disabilities criteria.
The Council considered his application and supporting evidence. The assessor was a registered health professional. The assessor decided he did not meet the criteria for a Blue Badge and so refused his application.
Mr X appealed the decision, but the Council did not change its position.
We will not investigate this complaint as there is insufficient evidence of fault. The Council has appropriately considered his application, supporting evidence and his appeal but decided he does not meet the qualifying criteria for a Blue Badge. Although Mr X disagrees with the decision, there is insufficient evidence of fault to warrant an investigation. it is not our role to re-assess or re-take the decision, if there is no fault in how it was made.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman