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 in the Council’s decision making.
The complaint
Mr X complained about the Council’s decision not to issue him 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))
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 made an application for a Blue Badge which the Council declined.
Mr X requested a review of the decision. The Council reviewed their decision and upheld the decision not to issue a Blue Badge because Mr X did not meet the criteria.
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. Instead, 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 Mr X disagrees with the decision.
We will not investigate this complaint. The Council have demonstrated they considered Mr X’s health conditions and its impact on his walking. It concluded that he was not prevented from safely navigating journeys and his diagnosis did not significantly affect his mobility. Although Mr X disagrees with the Council’s decision, it is unlikely we would find fault in how the Council decided to refuse him a Blue Badge.
Final decision
We will not investigate Mr X’s complaint. There is insufficient evidence of fault in the Council’s decision making.
Investigator's decision on behalf of the Ombudsman