Summary: We will not investigate this complaint about the Council’s decision not to award a blue badge for Miss X’s child. There is not enough evidence of fault in the way the Council reached its decision to warrant investigation.

The complaint

1. Miss X said the Council wrongly refused a blue badge for her disabled child, although she sent in medical evidence of how the child is affected by her disability.

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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. Miss X applied for blue badge on the basis her child’s spinal condition caused walking difficulties. She said her child found walking painful, fell constantly and could fall into traffic. She provided medical letters that showed her child was waiting for an operation to address the spinal condition.
6. The medical letters did not state a medical opinion that the condition caused the child to constantly fall or state that she could only walk short distances. The assessments of the child carried out for the Council stated the child could fall, but that she walked and ran, and that she used no mobility aids.
7. The Council’s appeal panel took the view that the medical evidence was not sufficient to demonstrate the need for a blue badge.
8. The Ombudsman cannot act as a further right of appeal, or decide if the decision was right or fair, or decide if the child should have a blue badge. I can only find fault if the Council’s decision is one it could not have reached by acting properly. That is not the case here. The evidence before the Council entitled it to reach the decision it did. That Miss X takes a different view of the Council’s decision is not evidence of fault in the way it reached it.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council reached its decision to warrant investigation.

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Investigator's decision on behalf of the Ombudsman