The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to give him a Blue Badge. He says the Council ignored his appeal and is ignoring people with disabilities.
The Ombudsman’s role and powers
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 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)) 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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the information linked to the application. I also considered our Assessment Code.
My assessment
A person might qualify for a Blue Badge if they experience considerable psychological distress while walking which makes it hard for them to access goods and services. Mr X applied for a badge on this basis. He submitted evidence that explained his medical conditions.
The Council considered all the information Mr X provided. The Council agreed Mr X has some difficulties but decided the evidence does not show he experiences considerable psychological distress while walking and there was no evidence he cannot access goods and services. The Council noted that his anxiety is linked to health issues rather than being caused by walking between a car and a destination. The Council decided not to issue a badge. It explained the rules, its reasons and that a badge would not help ease Mr X’s stress when he is in a busy place.
I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and have no power to award a badge or decide if Mr X is eligible for a badge. I can only consider if there was fault in the way the Council made its decision and I have not seen any evidence of fault.
The Council acknowledged Mr X faces some difficulties but, having considered all the evidence, decided it does not show he experiences considerable psychological distress when walking. The Council’s decision is based on the evidence and the rules and I have not seen any fault in the way it reached the decision. And, as there is no fault, there is no reason to start an investigation.
Mr X says the Council ignored his appeal and evidence, and ignores people with disabilities. However, the decision letters show the Council considered the points he made and it acknowledged he has some health issues. The fact the Council did not issue a badge does not mean it ignored the evidence.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman