The Ombudsman's final decision
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
The complainant, whom I shall refer to as Miss X, complained about the Council’s decision not to issue her son (Y) with a Blue Badge.
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council to renew Y’s Blue Badge. Miss X explained Y has ADHD, autism, and Sensory Processing Disorder. Miss X said Y opens car doors onto other vehicles and walks out in front of cars. Miss X said Y lacks self-awareness, acts before thinking, and gets anxious in busy environments. Miss X explained how she and Y benefitted from having a Blue Badge.
The evidence shows the Council carried out a desk-based assessment and decided Y was not eligible for a Blue Badge. It therefore refused the application. The Council’s decision referred to a lack of supporting evidence.
Miss X disagreed with the decision and used her right of appeal. Miss X submitted evidence in support of her application. The Council took into account the evidence Miss X provided. But Y did not score highly enough to qualify for a Blue Badge. The Council therefore refused Miss X’s request.
Miss X B believes the Council is at fault. She contends the evidence she provided shows that her son is eligible for a Blue Badge. Miss X wants the Council to change its decision.
The Ombudsman will not investigate Miss X’s complaint because there is not enough evidence of fault on the Council’s part. The reasons for its decision are properly set out in the appeal decision letter. There is no evidence of fault in the way the Council made its decision. That being the case, the Ombudsman cannot criticise the decision, or intervene to substitute an alternative view.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman