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

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to renew his Blue Badge.

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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)

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How I considered this complaint

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

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My assessment

5. People can qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
6. The 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 take into account 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.
7. Mr X applied to renew his badge. He has a condition affecting his legs and back. He also has some shortness of breath. He said he can walk between 94 metres and 114 metres and for 10-15 minutes. Mr X explained he has had two falls in the last three years.
8. The Council did a mobility assessment. The assessor noted Mr X’s medical history, reports of pain, and medication. She watched Mr X walk 80 metres at a slow pace, with no stops, using a stick and with a “waddling” gait. She also observed Mr X to walk an additional 30 metres. She noted that Mr X is concerned about falling but has not fallen in the last year. The Council considered a letter from Mr X’s GP which confirmed his medical conditions.
9. The Council decided Mr X is not eligible for a badge because he walked more than 80 metres. The Council said he can reapply in six months or if his condition deteriorates.
10. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge and cannot comment on whether the outcome was right or wrong. I can only consider if the Council followed the correct process.
11. The Council considered the information Mr 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 Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
12. Mr X disagrees with the Council’s decision and says his mobility has deteriorated since the Council last issued a badge. But, that disagreement with the outcome does not mean there was fault in the way the Council assessed the application. Mr X also says the rules have not changed since he last applied. However, councils issue a badge for a fixed period and then make a fresh assessment. There is never any guarantee that a badge will be renewed. And, while Mr X says there were two assessors in 2018, but only one in 2021, the rules do not say anything about the number of mobility assessors.

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Final decision

13. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman