The Ombudsman's final decision
Summary: We will not investigate Mrs Y’s complaint about the Council’s decision not to issue her child with a Blue Badge. There is not enough evidence of fault to justify investigation, and it is unlikely an investigation would lead to a different outcome.
The complaint
Mrs Y complains about the Council’s decision not to issue her child with a Blue Badge. She says the Council did not properly consider her child’s application. Mrs Y wants the Council to review its assessment process and issue her child 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, or further investigation would not lead to a different outcome.
(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, and the Ombudsman’s Assessment Code.
My assessment
Mrs Y applied to the Council for a Blue Badge for her child under the ‘hidden disabilities’ criteria and provided supporting evidence. When the Council refused her application, she appealed its decision. The Council refused her appeal. Mrs Y then complained about how the Council handled and reviewed the Blue Badge application.
In its decision letters, the Council said it had refused Mrs Y’s application for her child based on information she had provided and the Department for Transport’s Blue Badge guidance. It outlined its ‘hidden disabilities’ criteria and explained why Mrs Y’s evidence did not meet the requirements. The Council told Mrs Y she could reapply for a Blue Badge six months after the appeal outcome, or sooner if her child’s medical condition or disability significantly changed.
We will not investigate this complaint. The Council has explained the criteria it considered when deciding Mrs Y’s Blue Badge application for her child, which are consistent with government guidance. It has explained its reasoning with specific reference to Mrs Y’s supporting evidence. Although Mrs Y disagrees with the Council’s decision, there is insufficient evidence of fault in how it was reached, so we cannot question the outcome.
The Council has also told Mrs Y she can reapply for a Blue Badge for her child from September 2025 and so it is now open to her to do so. The most the Ombudsman could achieve is to ask the Council to look at the application again so an investigation would not achieve anything more.
Final decision
We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify an investigation, and it is unlikely an investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman