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 Mrs 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 Mrs X’s Blue Badge application, the mobility assessment report and a letter from the hospital. I invited Mrs 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 on 30 August 2019. Under the new rules it will be easier for people with hidden disabilities (for example, autism) to qualify for a badge. Not everyone who has a hidden disability will qualify for a badge under the new rules.

What happened

7. Mrs X is recovering from cancer. As a consequence of her treatment she has weakened bones and her feet can swell. She says she has varying degrees of pain every day and dialysis about once a month. She applied for a Blue Badge. She said she could walk 150 yards (137 metres) and takes co-codamol when she has pain.
8. The Council did a mobility assessment. The assessor noted Mrs X’s medical problems and drugs. She watched Mrs X walk 86 metres at a normal pace with one pause after walking 73 metres. The assessor did not see any signs of pain or balance or breathing problems. After the assessment, the assessor saw Mrs X walk another 50 metres in 50 seconds. The Council decided not to award a badge.
9. Mrs X appealed. She said she has good and bad days and can sometimes barely walk at all. She said there should be more than one mobility assessment. She said she was in severe pain towards the end of the assessed walk and is always in pain. She said she should qualify under the hidden disability rules. Mrs X sent a hospital letter. The letter confirmed her medical problems but did not say she has considerable mobility problems or cannot walk more than 80 metres.
10. The Council confirmed its decision not to award a badge because Mrs X had not demonstrated that she has considerable difficulty walking.

Assessment

11. 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.
12. The Council considered the information Mrs X provided on her application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance and breathlessness. 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 Mrs X walked more than 80 metres.
13. Mrs X says she is in pain all the time and there should have been more than one mobility assessment. The rules, however, only provide for one assessment and, while I do not doubt what Mrs X says, people in significant pain often take stronger pain killers. In addition, the new rules, for people with hidden disabilities, are not yet in force and the medical evidence provided by Mrs X does not say she has considerable difficulty walking.

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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