Summary: Mr C complained that the Council unfairly refused to issue him with a disabled persons parking permit (Blue Badge). I have concluded my investigation on the basis that there was no fault with the Council’s actions.

The complaint

1. The Complainant, whom I will refer to as Mr C, complained that the Council refused to issue him with a Blue Badge. Mr C says they did not properly consider the pain he suffered while being assessed.

Back to top

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 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)
3. 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

4. As part of the investigation, I have:
• considered the complaint from Mr C; and
• reviewed and considered information received from the Council; and
• spoke with Mr C about his complaint.

Back to top

What I found

5. The Department for Transport has issued guidance to councils for providing Blue Badges to disabled people with severe mobility problems.
6. Some people are eligible for a Blue Badge without further assessment. This includes those in receipt of the higher rate of the mobility part of the Disability Living Allowance or those who have eight points or more under the ‘moving around’ activity of the mobility component of the Personal Independence Payment (PIP).
7. Other people are eligible subject to further assessment if they:
• drive a vehicle regularly, have a severe disability in both arms and are unable to operate, or have considerable difficulty in operating, all or some types of parking meter; or
• have a permanent and substantial disability that causes inability to walk or very considerable difficulty walking.
8. The guidance says eligibility should be confirmed by an independent mobility assessor and sets out the factors to be considered when assessing a person’s mobility. This includes distance, speed of walking, the length of time an applicant can walk for, excessive pain, breathlessness, manner of walking and use of walking aids.
9. The guidance states that applicants who can walk more than 80 metres and do not demonstrate very considerable difficulty in walking through any other factors would not be deemed as eligible.

Mr C’s Blue Badge application

10. Mr C submitted an online application for a Blue Badge. The Council initially carried out a desk-based assessment of the information he provided but refused his application. Mr C appealed this decision, and his application was then referred to an independent assessor.

The independent mobility assessment

11. Mr C attended an appointment with an independent assessor. The assessment form completed by the assessor noted that Mr C had a number of medical diagnoses. These included a diagnosis of polymyalgia rheumatic, affecting his hips and thighs, and atrial fibrillation which causes him to be short of breath.
12. During the assessment Mr C walked for 95 metres in 122 seconds, meaning he walked at a speed of approximately 47 meters per minute, which the assessor recorded as a slow pace.
13. In respect to Mr C’s breathlessness when walking during the assessment process, the assessor noted signs of abnormal breathing, and that the assessor slowed his pace so Mr C could keep up.
14. In respect of Mr C’s pain levels during the assessment, the assessor noted a consistent level of pain, but that Mr C was able to keep pace with the assessor and talk while walking.
15. Each criteria assessed was given a score of 1-5, with the total score being a sum of these scores. Mr C scored a total of 22, the eligibility score for a Blue Badge is 24.
16. The assessor concluded that Mr C was not eligible for a Blue Badge. In summary he said that Mr C demonstrated a mild/moderate level of breathlessness and pain, and that walking may be improved by the use of walking aids which Mr C has at home.

Analysis

17. It is not the Ombudsman’s role to decide whether Mr C qualifies for a Blue Badge or not. Rather, we look at whether there was is fault by the Council in how it reached its decision.
18. To be eligible for a Blue Bade, the assessor would have needed to conclude that Mr C had very considerable difficulty walking. This is a very high bar, and after considering all eligibility criteria the assessor concluded that Mr C did not meet it. His application was therefore refused.
19. The assessor used his professional judgement when assessing Mr C, and he did so in accordance with DfT guidance. I have not seen any evidence that there was any fault in how Mr C was assessed.

Back to top

Final decision

20. I have completed my investigation, on the basis there is no fault in the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman