Summary: We will not investigate this complaint about a blue badge application. This is because there is not enough evidence of fault. The Council has followed the correct process to decide the application, including assessment by an expert assessor. So the Ombudsman cannot question or criticise the outcome, even though the complainant disagrees with it.

The complaint

1. Mr B is unhappy the Council has refused his application for a blue badge.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The blue badge scheme is to help people with severe mobility problems caused by visible and non-visible (hidden) disabilities to access goods and services by allowing them to park close by.
6. The Ombudsman previously considered a complaint from Mr B and found the Council had not explained why Mr B was not eligible despite medical evidence from his doctor. The Ombudsman asked the Council to complete a new assessment showing clear consideration of the doctor’s evidence and why Mr B is not eligible.
7. The Council has completed the assessment we asked for and has again found Mr B is not eligible for a blue badge. So, Mr B has raised a complaint about this new decision.
8. The relevant consideration for the Council under government guidance is whether Mr B is:

• a person who has been certified by an expert assessor as having an enduring and substantial disability which causes them, during the course of a journey, to be unable to walk, experience very considerable difficulty whilst walking, which may include very considerable psychological distress.

9. The Council has followed the correct process to assess Mr B for a blue badge by an expert assessor. The Council has considered medical evidence and what Mr B told it about how he is impacted by his medical symptoms. The Council accepts Mr B has a severe and enduring disability and that he does have difficulties when accessing goods and services. But the difficulties Mr B experiences are not so bad that he would meet the criteria for the blue badge.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify investigating. The Council has followed the correct process to decide Mr B’s blue badge application, including assessment by an expert assessor. The Ombudsman cannot therefore question or criticise the outcome, even though Mr B disagrees with it.

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Investigator's decision on behalf of the Ombudsman