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. 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 Mrs X and the Council. This includes Mrs X’s Blue Badge application, the mobility assessment and a letter from her doctor. I considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

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.
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.
7. Mrs X applied for a Blue Badge. She said she has high blood pressure and high cholesterol. In later documents she said she has osteoarthritis in her knee. Mrs X said she can walk to Tesco which is about 391 metres away. Mrs X submitted a letter from her GP which confirmed the problem with her knee. Mrs X also submitted a physiotherapy report which said Mrs X had been discharged after three sessions and her pain had decreased. Mrs X has not provided any evidence that she receives hospital care.
8. The Council considered Mrs X’s application but decided she does not qualify for a badge. It noted she had reported knee pain and said she uses a stick. It also noted that she can stand for 10 minutes and has not had any falls. The Council was aware Mrs X has not been prescribed strong pain killers. The Council considered factors such as walking distance, pain, manner of walking, balance and breathlessness. The Council accepted Mrs X had some difficulty but decided she does not qualify for a badge. Mrs X disagrees with the decision.
9. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and we can only consider if there is fault in the way the Council has made a decision. We have no power to award a badge.
10. The Council considered all the information I would expect it to consider including Mrs X’s medical history, walking ability, medical evidence and the information she provided on her application form. I appreciate Mrs X disagrees with the outcome but, as there is no suggestion of fault in the way the Council did the assessment, there is no reason to start an investigation.

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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