Summary: We will not investigate this complaint about an application for a Blue Badge because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to issue him with a Blue Badge. He says other councils have issued badges to people with the same medical condition.

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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)

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How I considered this complaint

3. I read the complaint and the Council’s letters about the Blue Badge application. I got some additional information from the Council and I considered comments Mr X made in reply to a draft of this decision.

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What I found

Blue badge – hidden disability

4. Some people with a hidden disability are eligible for a Blue Badge. To qualify under the hidden disability rules the person must show they experience considerable psychological distress when walking or undertaking a journey, or that they are at risk of causing serious harm to themselves or to another person.

What happened

5. Mr X has a medical condition which is sometimes referred to as a hidden disability. He applied for a Blue Badge. The Council rejected the application. Mr X appealed and explained the condition causes considerable psychological distress and anxiety when he leaves home.
6. In response the Council sent Mr X an assessment form for hidden disabilities which it asked him to complete and return. The accompanying letter said the Council would be unable to process the application if Mr X did not provide the information.
7. Mr X did not complete and return the form. The Council confirmed its decision not to award a badge.
8. The Council says it will reconsider the application if Mr X returns the completed form.
9. Mr X sent the form to his consultant but the doctor wrote a letter rather than completing the form. Mr X sent the letter to the Council instead of the completed form. Mr X has now contacted his doctor to ask for the form to be completed.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because Mr X did not supply all the requested information so the Council could not assess his application under the hidden disability rules. If Mr X provides the information (the completed form) the Council will re-consider his application. The form is designed to capture information that specifically relates to qualifying under the hidden disability rules.

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Final decision

11. 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