Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to award a Blue Badge. He says the Council did not consider parts of his application including his pain when walking and his medication. Mr X wants an apology and a badge.

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The Ombudsman’s role and powers

2. We investigate 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), as amended, section 34(B))
3. 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

4. I considered information provided by Mr X and the Council. This includes the information relating to his application and the complaint response. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. 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.
6. 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 consider factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. People do not qualify for a badge simply because they have a certain medical condition or take prescribed drugs. The guidance says councils should take into account any aids or medications intended to help someone’s mobility.
7. Mr X applied for a badge. He provided medical evidence, proof of his benefits and medication, and explained the problems he has when walking. The Council considered the medical evidence, information from Mr X and his NHS app, and carried out a mobility assessment. The Council decided that although Mr X has some difficulties he does not qualify for a badge. Mr X disagrees with the decision.
8. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council made a decision. I have no power to award a badge and it is not my role to decide if someone is eligible for a badge.
9. The Council considered the information Mr X provided and the findings of the mobility assessor. The assessment notes show the assessor considered many issues including pain, distance, medication, falls and watched Mr X walk 80 metres. The notes show there was a proper consideration of each point and issues were not ignored as Mr X has alleged.
10. Mr X takes prescribed medication for pain and says this was ignored by the assessor. The documents state the assessor noted the drugs that Mr X showed her on his NHS app and that she recorded his drugs as stated on his current prescription. In addition, taking medication is intended to help with pain and mobility and the fact that Mr X has been prescribed a daily pain killer does not mean he is entitled to a badge; the medication does not affect the Council’s overall assessment as to eligibility.
11. Mr X disagrees with the Council’s decision and says it has had a negative impact on his life. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. I have not seen any suggestion of fault in the way the Council made its decision so there are no grounds to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman