The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a decision to refuse her child a Blue Badge. There is insufficient evidence of fault to warrant an investigation.
The complaint
Ms X complains about the Council’s decision to refuse her child a Blue Badge. She says the assessment process did not take account of her evidence and the safety risks for her child. She wants the Council to issue her child 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)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X applied for a Blue Badge for her child. The Council considered her application and supporting evidence. The assessor decided her child did not meet the criteria for a Blue Badge and so refused the application.
Ms X appealed the decision and provided additional supporting evidence. The Council also gathered evidence from her child’s school. The Council considered her appeal but did not change its position.
We will not investigate this complaint as there is insufficient evidence of fault. The records show the Council has appropriately considered Ms X’s application, supporting evidence and her appeal before reaching its decision that her child does not meet the qualifying criteria for a Blue Badge. Although I accept Ms X disagrees with the decision, there is insufficient evidence of fault to warrant an investigation. It is not our role to re-assess or re-take the decision, if there is no evidence of fault in how it was made.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman