The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s Blue Badge application. This is because there is not enough evidence of fault to warrant our involvement.
The complaint
Mr X complained the Council refused to issue him a Blue Badge. He said it did not properly consider his medical evidence and misapplied the eligibility criteria. He said he is unable to access essential services. He wants the Council 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, or further investigation would not lead to a different outcome (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 applied for a Blue Badge under the hidden disability criteria. The Council asked Mr X to complete a mobility questionnaire because his balance was mentioned in the Expert Assessor Proforma. The Council also invited Mr X to attend a mobility assessment, which he declined.
The Council in its outcome letter to Mr X declined his Blue Badge application and said it would not issue him a Blue Badge because he did not meet the hidden disability or mobility criteria. Mr X appeal the Council’s decision which it also declined.
We will not investigate this complaint. The Council considered all the evidence available when it decided Mr X did not meet the criteria for a Blue Badge. It provided a clear explanation to Mr X why he did not meet the criteria in its outcome letter and appeal response.
We are not an appeal body and only consider if there is fault in the way the Council made its decision. Mr X may disagree, but there is not enough evidence of fault in how the Council made its decision to justify our involvement.
The Council said that since its refusal, Mr X became automatically eligible for a Blue Badge and provided the evidence to the Council. Therefore, further investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman