Summary: We will not investigate this complaint about the Council’s decision not to issue a Blue Badge for the complainant’s son. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council was at fault in refusing his application and appeal for a Blue Badge for his son.

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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. Mr X applied to the Council for a Blue Badge for his son, who is three years old. In support of his application, Mr X explained why he felt his son qualified for a Blue Badge. Mr X explained his son has limited mobility and being able to park close to his nursery was essential. Mr X provided medical evidence in support of his application.
6. The Council carried out a desk-based assessment and found that Mr X’s son was not eligible for a Blue Badge. It therefore refused the application. Mr X disagreed with the decision and used his right of appeal. The Council refused his appeal.
7. Mr X believes the Council is at fault. He contends the evidence provided shows his son is eligible for a Blue Badge. He wants the Council to change its decision.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
9. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council. The reasons for its decision are set out in the original decision letter and in its response to Mr X’s appeal. They are in line with the Government’s guidance on the Blue Badge scheme. The Council followed its published process and there is not enough evidence of fault in the way the Council made its decisions. Because of this, the Ombudsman cannot criticise the decisions or intervene to substitute an alternative view. An investigation is not therefore appropriate.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman