Summary: We will not investigate this complaint about the Council’s decision that the complainant is no longer eligible for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not renew his 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes Mr X’s applications and the Council’s responses. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

Back to top

My assessment

4. People who receive Disability Living Allowance (DLA) – high mobility – qualify for a Blue Badge. DLA is gradually being replaced by a benefit called Personal Independence Payment (PIP). People who have been awarded eight PIP points for moving around or ten PIP points for feeling overwhelming psychological distress when walking, automatically qualify for a badge.
5. If people do not qualify due to their PIP or DLA they have to go through a longer application process and demonstrate they have considerable difficulty with walking. This can include psychological difficulty caused by a hidden disability.
6. For many years Mr X received a Blue Badge based on his DLA. Mr X has moved to PIP. He receives no moving around points and 12 points for needing help to plan or follow a journey.
7. Since November Mr X has submitted three Blue Badge renewal applications. On each application he said he was applying on the basis of his DLA award. Each time the Council checked Mr X’s entitlement to PIP with the Department for Work and Pensions and told Mr X he is not eligible for a badge because he does not receive the correct elements of PIP. Each time the Council invited Mr X to submit an application so it could assess if he qualifies under the non-automatic rules. Mr X has not submitted an application based on his ability to walk.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because Mr X applied on the basis of getting a qualifying benefit but his PIP award is not a qualifying benefit. The Council has invited Mr X to apply on the basis of his ability to walk but he has not submitted an application based on that assessment route. Mr X can submit an application to the Council which is not based on his PIP award. The Council will then assess the application and decide if he is entitled to a badge.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman