The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her application for a renewal of her blue badge. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
Mrs X complains about the Council’s decision to refuse her application for a blue badge renewal. Mrs X says her condition has not changed and she does not understand why her application has been refused.
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) 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
People may qualify for a badge if they are unable to walk, experience very considerable difficulty when walking, which may include very considerable psychological distress, or are at serious risk of harm when walking.
Mrs X applied for a blue badge. She explained her medical and mobility issues and provided supporting evidence. The Council considered Mrs X’s application and supporting evidence. It decided the application did not meet the qualifying criteria and so refused her application. Mrs X appealed against the decision but the Council maintained its refusal.
The Council considered the information Mrs X provided. The appeal notes show the assessor considered Mrs X’s medical conditions and the government guidance. It said that she did not provide enough evidence of her mobility. The assessment report noted more documented medical evidence was needed to show the impact of her condition on her mobility. The Council explained that while Mrs X had some difficulties, they did not reach the threshold for a blue badge We do not act as an appeal body and can only consider if there was fault in the way the Council made the decision. Although Mrs X disagrees with the outcome, there is insufficient evidence of fault in the way the Council made its decision so there is no reason to start an investigation.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation.
Investigator's decision on behalf of the Ombudsman