Summary: We will not investigate this complaint about the Council’s decision not to award a Blue Badge. This is because the Council has now awarded a badge to the complainant.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council should have awarded a badge because she has high mobility within a benefit called Personal Independence Payment (PIP). Ms X wants the Council to award a badge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I found out that the Council has recently received new information from the complainant which meant it could issue a Blue Badge. I invited Ms X to comment on a draft of this decision.

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What I found

Blue badge

4. People who receive at least eight moving around points within PIP qualify for a badge. People also qualify if they receive 10 points because they cannot undertake a journey without feeling overwhelming psychological distress.
5. People who do not qualify due to a PIP award have to satisfy additional assessments in order to qualify for a badge. The Council will award a badge if it decides the person is unable to walk or virtually unable to walk.

What happened

6. Ms X applied for a Blue Badge. She provided medical evidence and proof of her PIP award. The PIP award letter said Ms X receives no moving around points and 12 points because she needs help to plan a journey.
7. The Council considered the medical evidence and the PIP award but decided Ms X did not qualify for a badge.
8. Ms X appealed to the Department for Work and Pensions about the PIP award. Her appeal was successful and she was given a higher mobility award. Ms X notified the Council and sent proof of the new PIP decision.
9. The Council has decided Ms X is entitled to a badge because of the successful PIP appeal. The Council has ordered a badge which will be sent to Ms X.

Assessment

10. Ms X did not previously qualify for a badge because her PIP award did not meet the criteria. But, she does now qualify because her PIP award has changed. I will not start an investigation because the Council has decided Ms X qualifies for a badge and is in the process of sending it to Ms X.

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Final decision

11. I will not start an investigation because the Council has awarded a Blue Badge to Ms X.

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Investigator's decision on behalf of the Ombudsman