Summary: Mr X complains the Council has decided not to renew his stepson’s (Mr Y’s) blue badge. During our investigation, the Council agreed to issue Mr Y a blue badge. We have discontinued the investigation as it is unlikely further investigation would achieve a better outcome.

The complaint

1. The complainant, Mr X, complains on behalf of his stepson, Mr Y. Mr X says the Council refused Mr Y’s application for a disabled parking badge because he does not have considerable difficulty walking.
2. However, Mr X says Mr Y has severe autism and needs the badge. This is because his carers need to access a vehicle quickly due to his challenging behaviour and seizures.
3. Mr X says that Mr Y would automatically qualify for a badge under the emerging new blue badge legislation. He says the Council has ignored this.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered Mr X’s complaint and information provided by Mr X and the Council.
6. I gave the Council and Mr X the opportunity to comment on my draft decision. I have considered these comments.

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What I found

The Law

Current Guidance

7. The Government issued guidance (2014) to councils for providing Blue Badges to disabled people with severe mobility problems. The guidance includes a mobility assessment which most councils use to assess applicants.
8. The guidance sets out two types of eligibility criteria for issuing Blue Badges:

Eligible without further assessment

9. This means some people who fit into certain categories are automatically entitled to a blue badge. This includes people who receive:
• the Higher Rate of the Mobility Component of the Disability Living Allowance (HRMCDLA); or
• eight points or more under the “moving around” activity of the mobility component of Personal Independence Payment (PIP).

Eligible subject to further assessment

10. To qualify under this criterion, the applicant must have a permanent and substantial disability that causes inability to walk or very considerable difficulty in walking.
11. The guidance says that an independent mobility assessor should undertake a face-to-face assessment of the applicant’s mobility.

Emerging Guidance

12. There has been widespread criticism of the current guidance as a strict interpretation can lead to applications by people with “hidden disabilities” such as autism being refused by councils.
13. The Government published a consultation document which discussed the key issues involved when assessing an individual’s eligibility for a blue badge. This took place between January and March 2018.
14. In July 2018, the Government published its response to the consultation. This set out the next steps which includes the introduction of new eligibility criteria. These criteria will effectively extend the blue badge scheme to people with ‘hidden disabilities.
15. The new government guidance was issued in June 2019. It says an applicant will automatically qualify for a blue badge if he/she receives the mobility component of PIP and has obtained 10 points specifically for Descriptor E under the “planning and following journeys” activity, on the grounds that they are unable to undertake any journey because it would cause them overwhelming psychological distress.
16. The Government has confirmed the guidance will come into force on 30 August 2019.

What happened

17. On 30 October 2018, the Council wrote to Mr Y with its decision on his blue badge renewal application. It said he was not eligible for a blue badge. It said its reason for the decision was that Mr Y was not in receipt of eight points or more under the “moving around” activity of the mobility component of Personal Independence Payment (PIP).
18. Mr Y received 12 points for the “planning and following a journey” activity. This is not currently used for blue badge eligibility and was not considered by the Council. Under the emerging guidance, Mr Y would need to receive 10 points specifically under Descriptor E to automatically qualify for a badge without further assessment.
19. The Council explained to Mr X the Government has announced there are to be changes to the eligibility criteria for blue badges, expected to come into effect in 2019. It said it would encourage Mr Y to make a new application to the Council once these changes have been made.
20. Mr X requested a review of Mr Y’s application. Several letters of support were submitted alongside Mr X’s appeal. These included letters from:
• the manager of the respite centre that Mr Y has attended for 11 years;
• the Community Learning Disability Nurse; and
• the manager from a local Personal Assistance Service.
21. They all raise concerns that without a blue badge Mr Y’s access to certain places and activities would be restricted. This would have a detrimental impact on his life.
22. On 17 December, the Council held an appeal to review Mr Y’s application. The panel decided the information provided was not adequate to change the outcome of the application. The letter said that as part of the appeal, the Council offer an Independent Mobility Assessment (IMA). It said this would be conducted by a qualified Occupational Therapist and is designed to assess walking ability based on functional loss. It said the panel would consider the IMA report.
23. In February 2019, an Occupational Therapist carried out an Independent Mobility Assessment of Mr Y. The outcome of the assessment was that Mr Y was not eligible. The reasons were that Mr Y did not meet Government guidelines for a blue badge; there was insufficient proof of permanent and substantial disability; and he was able to walk without limitations over a distance of 80 metres.

Analysis

24. Under the new guidance, Mr Y would probably be eligible for a badge subject to further assessment. He receives the PIP mobility component and has 12 ‘planning and following journeys’ points.
25. The Council argued when it made its decision in October 2018, it could not know what the new guidance would say.
26. During my investigation, the Council agreed to issue Mr Y a Blue Badge rather than requiring him to reapply in August 2019.
27. Given the Council has agreed to do this, it is unlikely that further investigation would lead to a different outcome, so I have discontinued my investigation.

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Final decision

28. I have discontinued my investigation into Mr X’s complaint. The Council has agreed to issue Mr Y’s disabled parking badge. It is unlikely further investigation would lead to a better outcome.

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Investigator's decision on behalf of the Ombudsman