Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council has offered to review the case and do an in-person mobility assessment. It is unlikely an investigation would lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the Council’s decision to refuse his application for a Blue Badge. He says the Council did not handle the application process correctly.

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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:

• the Council has offered a fair remedy, or
• an investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the application, medical evidence and decision letters. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. 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. People can qualify if they have a hidden disability which means they are at risk of harm when walking or feel overwhelming distress when walking.
5. 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.
6. Councils usually do a face-to-face mobility assessment to assess applications. During the pandemic the Council did telephone assessments.
7. Mr X applied for a badge. He has a range of medical conditions which affect him physically, mentally and cognitively. He provided medical evidence in support of the application. The Council did a telephone mobility assessment. Mr X says he was not given advance notice of the assessment. The Council sent Mr X a form which asks for evidence in relation to the hidden disability rules. Mr X says his GP forgot to complete the form. The form has been completed in the last few days.
8. The Council decided Mr X is not eligible for a badge. Mr X appealed and submitted more evidence. The Council did a desk-based assessment and confirmed the original decision.
9. In response to my enquiries the Council has agreed to reconsider the application and do an in-person mobility assessment. Mr X can submit any new medical evidence he has acquired including the recently completed hidden disability form.
10. Mr X has complained about the outcome of his application and administrative issues such as not dating a letter, failing to consider his hidden disabilities, and some comments the Council made.
11. We have no power to award a badge and cannot decide if someone is entitled to a badge. And, it is not my role to assess the hidden disability form. If we find fault in the way a council has assessed an application the most likely outcome is that we would ask the council to reconsider the application. I will not investigate this complaint because the Council has offered to do a face-to-face assessment and it is unlikely an investigation would lead to a different outcome. This will give the Council the opportunity to observe Mr X’s mobility. It can also reconsider the impact of his hidden disabilities if he sends the recently completed form. Mr X does not think a face-to-face assessment will help because the impact of his hidden disabilities is hidden. But, some of the issues relate to physical issues such as his statements about using crutches and a wheelchair, and about left sided weakness. A face-to-face assessment will give the Council a chance to reconsider all aspects of the application.
12. I appreciate Mr X has raised issues regarding the processing of the application but the key point is the outcome which can be addressed by having an in-person assessment.
13. If the Council remains of the view that Mr X is not entitled to a badge, then Mr X could make another complaint to us. But, we are not an appeal body and cannot comment on whether someone is entitled to a badge.

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Final decision

14. We will not investigate this complaint because the Council has offered to do a face-to-face mobility assessment and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman