The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about an unsuccessful application for a blue badge. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council did not properly consider the medical evidence he provided when he applied for 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
Mr X applied for a blue badge. The Council said he did not meet eligibility criteria set out by the Department of Transport. Mr X appealed. The Council upheld its’ decision. It said that an independent medical assessment had concluded that there was not enough evidence of Mr X experiencing very considerable difficulty when walking.
The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman