Brighton & Hove City Council (23 016 298)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 22 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council has offered to accept a new application from the complainant.
The complaint
- The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to award a Blue Badge. Mr X says his condition has deteriorated and he has new medical evidence.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the Blue Badge application, medical letters and the Council’s assessment. I also considered our Assessment Code.
My assessment
- Mr X applied for a Blue Badge. The Council carried out a mobility assessment, and considered his medical evidence, but decided he does not qualify for a badge. The Council reviewed its decision in October but did not uphold Mr X’s appeal. The Council said he could make a new application in six months.
- Mr X accepts his mobility was reasonable on the day of the assessment because he had recently had some treatment. But, he says his condition at the time of the assessment was not an accurate reflection of his long-term circumstances.
- Mr X says his health has deteriorated and he has new medical evidence dated February 2024. The Council has not seen the new medical evidence. The Council will accept a new Blue Badge application from Mr X now; he does not need to wait until six months have passed.
- I will not start an investigation because the Council will accept a new application now so it can assess Mr X’s eligibility for a badge based on his current circumstances.
- We have no power to award a badge or decide if Mr X is eligible for a badge so it is unlikely we could achieve anything more for Mr X. The Council’s offer to accept a new application from Mr X, within the six month period, is a fair way to settle the complaint.
Final decision
- We will not investigate Mr X’s complaint because the Council has offered to accept an early new application which is a fair way to settle the complaint.
Investigator's decision on behalf of the Ombudsman