Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council will do a face-to-face to mobility assessment and 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.

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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 Mr X’s Blue Badge application, medical evidence and the decision letters. I considered our Assessment Code and the Council’s offer to reconsider the application.

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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.
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 many councils did telephone assessments.
7. Mr X applied for a Blue Badge. The Council considered information from Mr X, evidence from his GP and did a telephone assessment. The Council decided Mr X does not qualify for a badge.
8. In response to my enquires the Council agreed to reassess the application and do an in-person mobility assessment. This may not happen for a couple of months because there is a waiting list. The Council spoke to Mr X and he accepted the offer an assessment.
9. We have no power to award a badge and cannot decide if someone is entitled to a badge. 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. In addition, Mr X is content with the outcome.
10. If, after the in-person assessment, 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

11. We will not investigate this complaint because the Council will reassess the application and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman