Summary: There is no fault by the Council. It determined a blue badge application in order of expiry date and processed the badge quickly once it got the further information it needed. There is no evidence the Council said it would definitely signpost the complainants for benefits advice. The files show the Council considered the option of a referral for benefits advice but no commitment was made by the social worker.

The complaint

1. The complainant, whom I shall call Ms X, complains the Council’s online application process for a blue badge did not allow the upload of PIP documents and the Council delayed contacting them to get the correct documents.
2. Ms X also complains the Council did not quickly signpost her and her husband to get benefits advice which was part of the care plan in June 2017.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’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)

Back to top

How I considered this complaint

5. I read the papers put in by Ms X.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. I gave the Council and Ms X the opportunity to comment on my draft decision.

Back to top

What I found

Blue Badge complaint

8. Ms X applied to renew her blue badge online on 20 June 2019. On the online form she said that she received higher rate DLA (disability living allowance) and uploaded the first page of her PIP (personal Independence payment). She said that her blue badge expired on 5 August 2019.
9. The Council said that on 1 August an officer checked the application and they emailed Ms X to ask for the full PIP entitlement letter. Ms X sent the full letter on the same day.
10. On 7 August the Council processed Ms X’s blue badge and the Council said she should have received it in 5-7 days.
11. In its response to Ms X’s official complaint the Council said that it sincerely apologised that Ms X’s application was not checked before a few days prior to the expiry of her blue badge, but unfortunately the service receives peaks and troughs of work which means it is not always possible to process the incoming work much before the due date of the badge. The service will where possible prioritise incoming claims based on the expiry date of the badge’.
12. The Council also explained that on the form that Ms X said she received DLA but actually received PIP so the Council had to ask for the full PIP letter. The Council says that if Ms X had said she received PIP on her renewal application, the electronic form would have asked for a copy of the full PIP letter and so the blue badge would have been sent earlier.
13. Ms X complained to the Ombudsman that the Council’s online blue badge application process was outdated as it did not allow uploading of PIP documents, only DLA ones.
14. I have looked at the Council’s online blue badge application process. The first question it asks in the eligibility section is ‘do you receive PIP’. If you say no to this question it then asks about DLA.
15. I can find no evidence of fault in the Council’s application process. The process asks if you are eligible for PIP. I do not know why Ms X did not see this question, but it was not because of fault by the Council.
16. Ms X also complains that she was without a blue badge for a few days after her old one expired and she had to cancel a hospital appointment.
17. I accept that if the Council had looked at Ms X application when she made it, rather than a few days before it expired she would have received her badge before the expiry date, whether or not the mix-up with the PIP form occurred. The Council has apologised that she was without her blue badge for a few days. This seems to me to a satisfactory response from the Council and I do not consider the Council was at fault. Clearly, it would have been better if the Council had processed the application earlier but prioritising applications which were due to expire earlier is reasonable and I cannot find fault in the Council’s actions.

Benefits advice complaint

18. Ms X complains the Council did not signpost her and her husband to get benefits advice which was part of the care plan in June 2017.
19. The Council carried out a care assessment of Mr and Ms X in June 2017. The review form dated 14 June says ‘a review helps us to helps us to understand how parts of your life may have changed so we can make sure you continue to access the right amount of support in line with current Council eligibility criteria’.
20. The form said the following options are available:

• Options of reablement discussed
• Payroll company information
• Consent form
• Referral to OT and falls team
• Referral to podiatry
• Explore assistive technology
• PA to speak to her cleaner
• Explore input from community matron
• Speech and Language therapy
• A benefits check referral
• Referral to care navigation team.

21. I have looked at both final care and support plans and they make no mention of a benefits advice referral. However, Mr X’s care plan does say ‘no referrals accepted at this time’ but it is not clear whether it was Mr X that did not accept the referrals or the referral organisations.
22. The Council has said that Ms X’s social worker did refer Ms X to the Welfare Benefits team in November 2018. The welfare benefits advisor contacted Ms X on 20 December and met with them on 10 January 2019. As a result, Ms X’s husband could claim attendance allowance. Ms X complains that if they had been referred to the benefits advisor earlier, they could have claimed this earlier.
23. On the balance of probabilities I accept that Mr and Ms X discussed the option of a benefits check referral with the social worker in June 2017. However, it is clear from the social workers review notes that a benefits check was an option, rather than a definite plan and Mr X’s care plan shows the social worker did consider the benefits check referral but did not progress it. So, I do not consider there was fault by the Council, the social worker did consider the option of a benefits check and said in the care plan that the referral (and other referrals) would not go ahead then. If Mr and Mrs X wanted a benefits check in June 2017 then I do think it was reasonable for them to follow this one up at the time themselves or via their social worker. Information is available from support agencies or online for them to check benefits.

Back to top

Final decision

24. I have completed my investigation of this complaint. This complaint is not upheld as there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman