Summary: We will not investigate Mrs X’s complaint about the Council’s refusal of a blue badge for her child. There is not enough evidence of fault by the Council to justify our further involvement.

The complaint

1. Mrs X said the Council was at fault in refusing an application to renew a blue badge for her child. She said there had been no change in circumstances and her child was likely to lose self-control near traffic and be fearful in open spaces, lacking awareness of the impact on others.

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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))

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

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

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My assessment

6. The papers of Mrs X’s appeal show she told the Council her child had nearly opened a car door and emerged into traffic. They also show the Council took note of the child’s Education Health and Care (EHC) Plan. The Council stated that showed no reference to drop attacks, meltdowns, or dangerous or aggressive behaviours. It noted the EHC Plan showed the child responded well to instructions, showed awareness of their surroundings. I have seen the EHC Plan. Its contents would allow the Council to reach those conclusions.
7. The Council also recorded that the appeal could be re-opened if Mrs X provided new evidence. That the child previously had a blue badge does not mean this fresh decision at point of renewal was wrong.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council considered Mrs X’s appeal to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman