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, a diagnostic report and a letter from Mrs X’s doctor. 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 assessment should take place taking into account any walking aids the person uses. It also says the Council should rely on a mobility assessment rather than on evidence from the applicant’s doctor.

What happened

7. Mrs X has a permanent and serious back problem. She attends a pain clinic, has injections, and walks with two crutches. Mrs X applied for a Blue Badge. As part of the process she submitted a letter from her doctor which says she has severe back pain which impacts on her mobility.
8. The Council did a mobility assessment. The assessor noted Mrs X’s medical conditions, that she walks with crutches and has spinal injections. She noted Mrs X does not take pain killers during the day and has not had any falls. The assessor watched Mrs X walk 93 metres at a very slow pace. The assessor noted that Mrs X reported extreme pain; the assessor observed mild signs of distress. The assessor saw that Mrs X walked cautiously with two crutches, with regular stepping, no limp and in a slow but steady pace. The Council decided not to award a Blue Badge.
9. Mrs X disagrees with the decision and reports that she is in constant pain.

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 assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and use of 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 provided a letter from her doctor which supported the application. But, the guidance says the Council should focus on the mobility assessment rather than evidence from the applicant’s doctor.
13. Mrs X also complains that the assessor was unaware of a certain treatment. Mrs X says the assessor should have been familiar with it. However, a lack of awareness of a specific treatment does not mean there was fault in the way the Council assessed the Blue Badge 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