The Ombudsman's final decision
Summary: We will not investigate Mr F’s complaint about his application for a Blue Badge for his daughter because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome Mr F wants.
The complaint
Mr F complains the Council refused his application for a Blue Badge for his daughter.
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 we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(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 F applied for a Blue Badge for his daughter. She has autism spectrum disorder. At the time of his application, Mr F’s daughter was 3.
Mr F’s application and subsequent appeal were unsuccessful.
Unhappy with the outcome, Mr F complained to us.
We do not decide whether the Council should give Mr F’s daughter a Blue Badge. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies. We check the Council took account of evidence and its decision-making process was fair. We are not another appeal. We cannot question a Council decision made without fault, no matter how strongly Mr F disagrees.
The Council used a specialist assessor to evaluate Mr F’s application. The assessor met Mr F’s daughter in person. The assessor was satisfied that Mr F’s daughter’s behaviours could be managed by reasonable coping strategies similar to those used by parents of any child of her age.
There is not enough evidence of fault to justify an investigation.
Final decision
We will not investigate Mr F’s complaint because there is not enough evidence of fault to justify an investigation. We cannot achieve the outcome Mr F wants, so there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman