Summary: We will not investigate this complaint about an application for a Blue Badge because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to issue a Blue 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 we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I read the complaint and information provided by the Council. This includes the Council’s assessments, medical evidence and Mrs X’s review request. I invited Mrs X to comment on a draft of this decision.

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What I found

Blue badge guidance

5. 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. This can include people who experience significant psychological distress when walking.
6. The guidance says the problems should occur more often than not and should be expected to last at least three years. The guidance says councils should take into account any support a person receives. This can include support from another person.

What happened

7. Mrs X has had problems with anxiety, agoraphobia and fear of open spaces for about 10 years. She was working as cabin crew on long haul flights until she was furloughed in March 2020. Mrs X reports her mental health has deteriorated during the pandemic. Mrs X received counselling in October and takes medication. Mrs X does not plan to have further counselling as she hopes her anxiety will settle as the COVID-19 situation improves. Mrs X does not receive support from secondary mental health services.
8. Mrs X applied for a Blue Badge. She explained her long-history of anxiety, the deterioration in her mental health during the pandemic and the recent counselling. The Council noted that Mrs X can, on a good day, do normal things but on a bad day cannot leave the house. Mrs X reported that she can do familiar trips but journeys to shops and banks can cause anxiety leading to panic attacks. Mrs X reported that she needs to park close to her destination to limit the opportunity for a panic attack or to aid a quick return to the car. Mrs X reported that she may have to go home if she cannot park close to her destination. The Council noted examples of the problems Mrs X has and that she receives support from her husband.
9. The Council accepted that at times Mrs X is very affected by her anxiety. But, it decided she does not qualify for a badge at this time. This is because, while she has been more severely affected since March 2020, she has expressed an expectation that her panic attacks will reduce as she implements the techniques learned during counselling and the issues with COVID-19 reduce. As such, the Council has decided Mrs X does not qualify because this degree of difficulty is not expected to last for at least three years. However, Mrs X could reapply in six months if her health has not improved.

Assessment

10. 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 issue a badge.
11. The Council considered all the relevant information and accepts that, at times, Mrs X’s mobility is significantly affected by her mental health. But it has also noted that her health has been worse during the pandemic but there is a reasonable expectation that her anxiety will ease as the situation with COVID-19 improves. The Council’s decision not to award a badge is consistent with the evidence and the guidance so there is no reason to start an investigation. If, however, Mrs X’s anxiety and panic do not improve that she can make a new application.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman