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 insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, disagrees with the Council’s decision not to award 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 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, medical 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 if they can demonstrate they experience significant psychological distress when walking.
Ms X applied for a badge under the walking and hidden disability criteria. She provided medical evidence and explained the difficulties she has when walking.
The Council considered what Ms X said, the evidence, and did two mobility assessments. The Council decided Ms X does not qualify for a badge. The Council said there was not enough supporting evidence to demonstrate eligibility. It also said Ms X had coping strategies in place and is able to access goods and services. The Council said Ms X is waiting for treatment and it is not known how that might affect her mobility.
Ms X disagrees with the decision. She says she is not waiting for treatment and provided all the medical evidence she has. Ms X denies having any coping strategies.
I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and I 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 application or decide if Ms X is eligible for a badge.
I considered all the evidence and can see that the Council’s decision flows from the information from Ms X, the medical evidence, the assessments and the guidance. There is medical evidence from early 2025 which says Ms X has been referred for further treatments and assessments, and the evidence from Ms X refers to coping strategies (for example, being supported by someone when she goes out). The Council’s reasons for refusing a badge are consistent with the evidence and are not based on fault.
I appreciate Ms X disagrees with the decision but I have not seen any suggestion of fault in the way the Council made the decision so 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