London Borough of Waltham Forest (21 007 257)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 04 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for a Blue Badge. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Ms X, says she sent proof to the Council that she is eligible for a Blue Badge but the Council refused her application.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes details of Ms X’s Personal Independence Payment (PIP) award. I considered our Assessment Code.
My assessment
- People who are registered blind and people who receive descriptor E of the planning and following journeys section of PIP qualify for a Blue Badge. Descriptor E awards 10 points and says the person cannot undertake a journey because it would cause overwhelming psychological distress.
- Ms X applied for a Blue Badge. Ms X is sight impaired but not registered blind. Ms X sent the Council proof of her PIP award. The award letter shows Ms X receives 12 points under descriptor F. Descriptor F says the person cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.
- The Council decided not to award a badge because Ms X had not shown she qualifies.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because Ms X has not provided evidence that she is registered bind nor has she provided evidence that she receives PIP descriptor E. The Council’s decision is consistent with the rules so there is no reason to start an investigation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman