Summary: We will not investigate Mr X’s complaint about how the Council handled his blue badge application. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains that the Council mishandled his blue badge application. In particular he complains the council was unfair and discriminatory towards him and failed to acknowledge his hidden disabilities.
2. Mr X says this has caused him stress and time and trouble.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. People qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking. People who experience considerable psychological distress while walking may also qualify (this is referred to as the hidden disability rules). Councils can request information from ‘expert assessors’ during the process. It for the Council to decide who constitutes an expert assessor.
7. Mr X applied for a blue badge based on his hidden disabilities which he said caused him psychological distress when driving and parking. Mr X included supporting information from his therapist. The council initially refused Mr X’s application. Following a review of its decision, it told Mr X it would not accept his therapist’s information and asked him to send it an assessment that he had previously had carried out by a specialist diagnostic service. Mr X has refused to provide that assessment. As a result his application remains unsuccessful.
8. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. We have no power to award a badge and it is not my role to decide if Mr X is eligible for a badge.
9. The Council considered the information Mr X provided on his application forms and the accompanying documents. It initially refused to award him a blue badge but then changed its view at the review stage and asked for more information. Mr X believes the information he has already provided is sufficient; however it is for the Council to decide what information it requires and who constitutes an expert assessor.
10. I appreciate Mr X disagrees and thinks he is entitled to a badge but there is nothing to indicate the Council wrongly assessed the application so there is no reason to start an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman