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 considered comments Mrs X made in reply to 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.

What happened

6. Mrs X applied to renew her Blue Badge. Mrs X has arthritis which affects most of her main joints. On her renewal form she explained she is in constant pain.
7. The Council did a mobility assessment. The assessor noted her medical problems, medication and that she reports constant pain in her hips and knees. The assessor also noted that Mrs X does not use any walking aids and may stumble but has not fallen. The assessor watched Mrs X walk 80 metres at a very slow pace and while experiencing pain. The assessor found that Mrs X had moderate difficulties with walking. The Council decided not to renew the badge.
8. Mrs X appealed. The Council carried a second mobility assessment. Again, the assessor noted the key points with regards to Mrs X’s problems and medication. She confirmed that Mrs X has a permanent disability. She watched Mrs X walk 150 metres, with three brief rests, at a slow pace. The assessor noted that Mrs X walks with a limp and appeared to be in moderate pain. The Council again decided that Mrs X had not shown she has very considerable difficulty with walking.
9. Mrs X disagrees with the decision. She says she has a permanent disability which is a qualifying condition for a Blue Badge. She says she was in pain and her mobility has deteriorated since losing the badge. Mrs X agrees she walked the distances stated in the reports but says she had to stop which, in her view, means she qualifies for a badge.

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 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.
12. Mrs X has a permanent disability which was accepted by the Council. But, the rules say a person must have a permanent disability which causes very considerable difficulty with walking. Mrs X has also stressed she is in pain. This was also accepted by the Council. However, both assessors found that Mrs X walked more than 80 metres and did not meet the threshold of only walking with very considerable difficulty. The assessors were aware Mrs X took brief rests during the walk but the rules do not say that people must be able to walk without stopping to demonstrate eligibility for a badge.
13. Mrs X says her mobility has deteriorated since losing the badge. This is unfortunate but does not mean there was fault in the way the Council assessed her application.

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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