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 renew her 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 and the mobility assessment reports. I invited Mrs 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 applicant should be assessed taking into account any drugs or walking aids that are normally taken or used.

What happened

7. Mrs X has a range of medical problems including hip, spine, leg and breathing problems. She walks with a roller and takes prescription pain killers. She applied to renew her Blue Badge.
8. The Council did two mobility assessments. In the first Mrs X was unable to report her full range of drugs. This was a factor in the assessor’s assessment. The assessor decided Mrs X was not entitled to a badge because she walked 110 metres. Mrs X appealed and denied she had used a mobile phone during the walk, as the assessor had said.
9. The Council did a second assessment. The assessor noted Mrs X’s medical problems, her drugs and walking aids. He noted that Mrs X reported she could walk for 10 minutes to the shops and that she had had some falls indoors at home. He explored pain and thought the drugs helped to increase Mrs X’s mobility. He watched Mrs X walk 90 metres at a slow pace and with a brief stop after walking 70 metres. He noted that Mrs X displayed a consistent gait and pace with no signs of excessive pain. He saw that she stopped briefly due to breathlessness but quickly resumed the walk.
10. The Council confirmed its decision that Mrs X does not qualify for a badge.
11. Mrs X has had heart problems since the Council made its decision not to renew the badge.

Assessment

12. 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.
13. The Council considered the information Mrs X provided on her application form and the findings of the mobility assessors. The assessment notes show the assessors 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 Mrs X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
14. Mrs X has had a deterioration in her health since the Council decided not to renew the badge. This does not affect the decision the Council made. Mrs X could make a new application based on new circumstances. It would be for the Council to make a fresh decision about entitlement to a badge based on the new circumstances.

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Final decision

15. 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