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 Ms 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 Ms X’s Blue Badge application, the mobility assessment report and medical letters. I invited Ms X to comment on a draft of this decision.

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What I found

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.
6. The rules are due to change from 30 August 2019. The new rules will make it easier for people with some hidden disabilities to qualify for a badge. Not everyone with a hidden disability will qualify under the new rules.

What happened

7. Ms X has a medical condition which means she can be very forgetful. She applied for a Blue Badge because she often forgets where she has parked and she would find it easier if she could park close to her destination. On her application form she also explained that she has had foot surgery which has caused some balance problems. She said that her walking is rarely affected and she can walk more than 100 metres.
8. The Council did a mobility assessment. Ms X walked 80 metres at a normal pace and did not demonstrate any mobility problems.
9. The Council refused the application. Ms X appealed and said she qualifies for a badge because she has a hidden disability. The Council confirmed its decision because Ms X had not shown she has considerable difficulty with walking.

Assessment

10. I will not investigate this complaint because it is unlikely I would find fault. 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 evidence from Ms X, and from the mobility assessment, shows Ms X does not qualify for a Blue Badge. This is because she walked further than 80 metres and did not demonstrate any difficulties while walking.
12. Ms X says she qualifies for a badge because she has a hidden disability. However, the rules relating to hidden disabilities have not started yet. So, I cannot criticise the Council for not assessing Ms X due to her hidden disability.
13. Ms X could reapply for a badge after the new rules have started. I do not know if she will qualify. That would be a decision for the Council to make.

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Final decision

14. 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