LGO (Local Government & Social Care Ombudsman) Not Upheld

London Borough of Waltham Forest

21-017-930 · Adult Care Services › Transport · Decision date: 28 June 2022 · View Waltham Forest Council scorecard

Full Decision

The Ombudsman's final decision

Summary: We have discontinued our investigation into Mr B’s complaint about the Council’s refusal of his application for a disabled parking badge. Mr B has since reapplied and the Council is already considering his new application, so further investigation would not lead to a different outcome.

The complaint

The complainant, whom I refer to as Mr B, complains that the Council refused his application for a disabled parking badge (otherwise known as a blue badge).

The Ombudsman’s role and powers

The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

How I considered this complaint

I spoke to Mr B about his complaint, and considered information from Mr B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

What I found

Mr B has ulcerative colitis and he says this causes him great difficulty walking.

The Council refused Mr B’s application for a blue badge in early 2022, and then, after he provided medical evidence of his condition, also refused his appeal. It did not refer the matter to an expert assessor for consideration. But it did explain its decision in its appeal response.

Mr B was dissatisfied with the outcome of his appeal and approached the Ombudsman. We began an investigation, but then found out Mr B had reapplied for a blue badge in early June and was awaiting a decision from the Council.

Regardless of whether there was fault in the Council’s decision to refuse Mr B’s earlier application, there is nothing left to achieve by investigating further. This is because, even if I found fault with the Council, I would likely recommend it reconsider Mr B’s application. It is already doing this.

As a result, I will discontinue my investigation.

Final decision

I have discontinued my investigation. Further consideration of Mr B’s complaint would not lead to a different outcome.

Investigator's decision on behalf of the Ombudsman