Summary: The Ombudsman will not investigate this Blue Badge complaint because the Council has agreed to do a review under the new rules.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to give him 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 the Council has offered a fair remedy. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and got some information from the Council. This includes a recent offer by the Council to reassess Mr X’s Blue Badge application. I invited Mr X to comment on a draft of this decision.

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What I found

Blue badge government guidance

4. 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 current rules say that people with conditions such as autism or Crohn’s disease cannot qualify unless they also show they have very considerable difficulty with walking.
5. The government is introducing new rules from 30 August 2019. The new rules will make it easier for people with a hidden disability (for example, autism) to qualify for a Blue Badge. Not everyone with a hidden disability will qualify for a badge.

What happened

6. Mr X has a permanent medical condition which means he may need prompt access to a toilet. He applied for a Blue Badge so it would be easier for him to park close to toilets. The Council rejected his application because he had not demonstrated he has very considerable difficulty with walking. Mr X complained to the Ombudsman.
7. Mr X then had further email exchanges with the Council. The Council has offered to review Mr X’s application in relation to the new rules. Mr X accepted this offer.

Assessment

8. I will not start an investigation because the Council has offered to review the application in the context of the new rules. This is a fair way to resolve the complaint. It will be for the Council, not the Ombudsman, to decide if Mr X qualifies for a badge under the new rules.

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Final decision

9. I will not start an investigation because the Council has offered to review the application under the new rules.

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Investigator's decision on behalf of the Ombudsman