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 supporting medical evidence. 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.
6. The guidance also says that Councils should focus the assessment on the mobility assessment rather than on information from the applicant’s doctor.

What happened

7. Mrs X has a chronic back problem and numbness in her leg following a hip replacement. She has difficulty getting out of a car and needs to open the door as wide as possible. She applied for a Blue Badge. She submitted supporting evidence from her doctor and a physiotherapy report.
8. The Council carried out a mobility assessment. The assessor noted Mrs X’s medical problems, her drugs and noted the findings of a recent MRI scan. She noted that Mrs X uses a treadmill at a gym to strengthen her leg. Mrs X does this under supervision. The assessor recorded that Mrs X feels pain when going through a bad episode with her back. The assessor watched Mrs X walk 116 metres at a very slow pace. The walk included a slight incline. Mrs X had not taken pain killers and reported that her pain was five out of ten. Mrs X did not stop during the walk and the assessor noted no shortness of breath. The assessor saw that Mrs X took small steps and walked at a regular and even pace. The assessor decided that Mrs X’s mobility was not significantly impaired. The Council decided not to award a Blue Badge.
9. Mrs X says the Council dismissed her medical evidence. She says her independence is threatened by not having a badge. She has stressed how difficult it is to get out of a car if she cannot fully open the door.

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 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 says the Council ignored her medical evidence. However, the guidance says that councils should base the decision on the mobility assessment rather than on the opinion of doctors.
13. Mrs X has stressed that she needs to use disabled bays so she can open the car door as fully as possible. However, this is not one of the qualifying grounds for a badge.
14. Mrs X disputes she walked 80 metres and says that if the assessor had watched her walk over a longer distance then she would have seen how poor her walking is. I see no reason to doubt the distance recorded by the assessor as she has provided a specific distance and time. In addition, the guidance says the person should be assessed over a distance of about 80 metres.

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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