The Ombudsman's final decision
Summary: We will not investigate Ms M’s complaint about her application for a Blue Badge for her son because there is not enough evidence of fault to justify an investigation. We cannot achieve the outcome Ms M wants, so there is no worthwhile outcome achievable.
The complaint
Ms M complains the Council refused her application for a Blue Badge for her son.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not decide whether the Council should give Ms M’s son 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 Ms M disagrees.
Ms M’s son has autism spectrum disorder and developmental delays. At the time of her application, Ms M’s son was 3.
The Council refused Ms M’s application and subsequent appeal. The Council decided a child of his age would only ever be accompanied by another adult who could mitigate the difficulties he experienced walking to and from the car.
Ms M objected to the Council’s decision. She said “age-based reasoning” was not compatible with Government guidance.
I disagree. Government guidance says councils should assess applications for Blue Badges for children in relation to “common developmental milestones”.
There is not enough evidence of fault in the Council’s decision making to justify an investigation.
There is, therefore, no worthwhile outcome achievable.
Final decision
We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify an investigation. We cannot achieve the outcome Ms M wants, so there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman