Summary: There is no evidence of fault by the Council in this complaint. The Council was entitled to seek supporting evidence for Mr X’s blue badge application, when Mr X refused, the Council was entitled to refuse the application.

The complaint

1. Mr X complains the Council refused his application for a blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have:

• considered the complaint and discussed it with Mr X;
• considered the correspondence exchanged between Mr X and the Council, including the Council’s response to the complaint;
• taken account of relevant legislation.

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What I found

Relevant legislation

4. 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.
5. Having a certain medical condition does not in itself qualify an applicant for a badge. Rather, it is the effect of the condition or disability on the applicant’s ability to walk that is assessed.

Key Facts

6. Mr X applied to the Council for a blue badge on 29 June 2023 under the hidden (non-visible) criteria for difficulties with taking a journey.
7. The Council considered the application and deemed it ‘subject to further assessment’. The Council said Mr X was not in receipt of the relevant benefits to qualify for automatic entitlement. The Council contacted Mr X to request he provide supporting evidence. It suggested this could be a medical summary from Mr X’s GP or letters from a healthcare professional.
8. Mr X refused, saying he was reluctant to pursue a formal diagnosis due to the stigma he believes would come with such a diagnosis. The Council refused the application on 12 October 2023, the basis of a lack of supporting evidence.
9. Mr X submitted an appeal to the Council on 24 October 2023. In his appeal he cited examples of the difficulties he was facing, and how this impacted on him when out and about. He did not provide supporting evidence.
10. The Council refused the appeal on the basis Mr X had not supplied supporting evidence.
11. Mr X submitted a formal complaint to the Council about the above and the way in which the Council had dealt with the application. The Council responded to Mr X in November 2023. It reiterated its reason to refuse the application, and the appeal and did not uphold the complaint.
12. Mr X submitted a complaint to this office.

Analysis

13. It is not my role to decide whether Mr X is eligible for a blue badge or give a view about the degree to which he meets the relevant criteria. My role is to consider whether the Council followed the correct process in coming to a decision.
14. The Council is entitled to seek supporting evidence for a blue badge application. The Council is not at fault for refusing an application should a person refuse to comply.

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Final decision

15. There is no evidence of fault by the Council in this complaint. The Council was entitled to seek supporting evidence for Mr X’s blue badge application, Mr X refused and the Council was entitled to refuse the application.
16. 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