Summary: The Council acknowledged an administrative error in the consideration of Ms X’s blue badge renewal application and provided her with a blue badge during our investigation. However, it failed to remedy the injustice caused as a result of its error.

The complaint

1. Ms X complains the Council refused her application for a renewal of her blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered all the information provided by Ms X; together with the Council’s response to the complaint and information provided by the Council in response to my enquiries. Both the Council and Ms X had the opportunity to comment on a draft of this document.

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What I found

Relevant legislation

5. The Blue Badge scheme is to help disabled people with severe mobility problems access goods and services by allowing them to park near their destination. The scheme provides parking concessions for blue badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing whether people are eligible for a badge.
6. In 2014 the Department for Transport (DfT) issued guidance (‘the guidance’) to councils for providing blue badges to disabled people with severe mobility problems. The guidance is non-statutory which means that councils are not legally obliged to adopt it. In practice, however, most councils do follow it.

Key facts

7. In September 2020 the Council deemed Ms X eligible for a blue badge. Ms X applied to the Council renew her blue badge in July 2023. She cited the same conditions listed on her previous application.
8. The Council refused the application saying the medical evidence Ms X submitted was three years old. It wrote to Ms X in July 2023 to inform her the application had been rejected.
9. Ms X submitted an appeal to the Council on 19 July 2023 saying her condition had not improved since 2020, and that she had since been diagnosed with additional mental health issues. She said her benefit entitlement remained the same and because of this she was not aware that further evidence was required. She said she was willing to provide a supporting letter from her GP, but there was a 4 -6 week waiting list.
10. The Council sent an email to Ms X acknowledging receipt of the appeal and associated documents she had provided. It asked if she had any other supporting evidence she wished to submit as once the appeal had been formally accepted no further evidence would be permitted. It supplied a list of possible example documentation. It advised Ms X to obtain and submit a copy of her patient summery record from her GP.
11. Ms X responded to the Council and reiterated the time scale for information from her GP. She said she would submit the information as soon as she received it. She confirmed she was happy for the appeal to proceed.
12. The Council sent a further email to Ms X asking if she wanted the appeal to proceed, or if she wished to wait for the information from the GP. The Council said if Ms X wanted the GP information to be considered as part of the appeal, the appeal would need to be put on hold until it was received.
13. Ms X responded saying she wanted to wait for the GP information and confirmed her wish that the appeal be put on hold.
14. On 28 July 2023, Mrs X sent a copy of a GP letter and patient summery record to the Council. She confirmed her wish for appeal to proceed.
15. The Council refused the appeal on the grounds there was insufficient evidence of psychological distress in the context of walking or undertaking a journey.
16. Ms X brought a complaint to this office.
17. During our investigation the Council contacted Ms X to say there had been an error in the consideration of her appeal and it would be renewing her blue badge. Ms X received the badge just before Xmas 2023.

Analysis

18. To the Council’s credit, it acknowledged its administrative error during this investigation and provided Ms X with a blue badge. However, this alone is insufficient to remedy the injustice Ms X experienced.
19. Ms X was without a badge for around three months causing her unnecessary stress. She was also put to time and trouble pursuing her complaint with the Council and this office, again causing her unnecessary stress. A further remedy is required.

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Agreed action

20. The Council should, within four weeks of the final decision:

• provide Ms X with a formal apology for the error in considering her application, the distress caused during the period she was without a blue badge, and for her time and trouble pursing the complaint with the Council and this office;
• pay Ms X £250 in acknowledgment of the above.

21. The Council should provide this office with evidence it has complied with the above actions.

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Final decision

22. There is evidence of fault causing injustice in the complaint.
23. Although the Council has acknowledged its administrative error and provided Ms X with a blue badge, it failed to provide an adequate remedy for the injustice caused.
24. It is on this basis; the complaint will be closed.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman