Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge because it is unlikely he 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.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I read the complaint and information provided by the Council. This includes Mr X’s Blue Badge application, the mobility assessment report and a letter from his doctor. I invited Mr X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. 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 take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.
6. The guidance says the Council should focus on a mobility assessment rather than on information provided by the applicant’s doctor. The guidance also says that problems associated with an urgent need to use a toilet are not qualifying factors for a badge.

What happened

7. Mr X has problems with his leg after a vein was removed for heart surgery. He also has an overactive bladder which can mean he needs prompt access to a toilet. He applied for a Blue Badge and sent a letter from his doctor which supported the application.
8. The Council did a mobility assessment. The assessor noted Mr X’s medical problems and his medication. The assessor recorded that Mr X does not take prescription pain killers and does not use any walking aids. Mr X reported he had fallen while getting out of the bath. The assessor watched Mr X walk 80 metres at a very slow speed and taking two brief stops. The walk included some stairs. The assessor saw no shortness of breath but noted that Mr X showed mild signs of distress. The assessor observed that Mr X walked with an upright posture, a normal gait and no limp. Based on the mobility assessment the Council decided not to award a badge.
9. Mr X disagrees with the decision. He says he struggles without a badge and he had submitted supporting medical evidence.

Assessment

10. I will not investigate this complaint because it is unlikely I would find fault by the Council. The Ombudsman does not act as an appeal body and can only consider if there is fault in the way the Council has made a decision.
11. The Council considered the information Mr X provided on his application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. In addition, the decision to refuse a badge is consistent with the guidance because Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
12. Mr X submitted medical evidence. However, the guidance says the Council should focus on the findings of the mobility assessment rather than on letters from the applicant’s doctor. Mr X has explained that he sometimes needs to find a toilet urgently. This, however, is not a qualifying factor for a badge.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman