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 Ms X, disagrees with the Council’s decision not to award a Blue Badge.

Back to top

The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the application, medical evidence and mobility assessment report. I considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

5. People may 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 also qualify if they receive at least eight moving around points of the Personal Independence Payment (PIP).
6. The blue badge guidance says that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should consider factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor. The guidance also says the person must expect their mobility problems to last for at least three years and councils should assess an application on evidence other than that presented by the GP.
7. Ms X applied for a Blue Badge and submitted information from her GP. She explained she has pain in both hips and back which affects her mobility. Ms X is waiting for a hip replacement and has had a pre-surgery assessment. In response to a draft of this decision Ms X said she has been awarded 12 PIP mobility points. I do not know if she has informed the Council or if the points are the type that will passport her to a badge.
8. The Council did a mobility assessment. The assessor noted Ms X’s medical problems, her medication and reports of pain when walking. The assessor observed Ms X walking 85 metres, at a slow speed but with no rests. The assessor considered pain, breathlessness, balance, coordination and manner of walking. The Council decided Ms X does not qualify for a badge. It invited her to reapply after she has had her surgery or if awarded PIP.
9. I will not investigate this complaint because it is unlikely I would find fault. We are not appeal body and can only consider if there is fault in the way the Council has assessed an application. I have no power to award a badge.
10. The Council considered the information Ms X provided and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. The decision to refuse a badge is consistent with the guidance because Ms X walked more than 80 metres and speed is not a qualifying factor when considered in isolation. In addition, a badge should only be awarded if the problems are likely to last at least three years and it is not known how Ms X’s mobility will be affected by the surgery.
11. Ms X submitted evidence from her GP. But, the guidance puts the assessment focus on an independent assessor rather than the applicant’s doctor. The Council considered the doctor’s letter but decided it did not alter its decision that Ms X is not eligible for a Blue Badge. Ms X says she has been medically signed off from work and receives other sickness based benefits; however, these are not factors which mean someone qualifies for a badge. Ms X can, however, update the Council about her PIP award.

Back to top

Final decision

12. I will not investigate this complaint because there is insufficient evidence of fault in the way the Council assessed the application.

Back to top

Investigator's decision on behalf of the Ombudsman