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 Ombudsman will not investigate this complaint about an application for a Blue Badge because it is unlikely he would find fault by the Council.

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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 Ms X’s Blue Badge application, the mobility assessment and medical letters. I invited Ms X to comment on a draft of this decision.

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What I found

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. New rules start on 30 August 2019 which are designed to make it easier for people with problems that are not exclusively linked to the physical act of walking to qualify for a badge. This may mean that people with bowel or mental health problems qualify. Not everyone with other conditions will qualify.

What happened

7. Ms X has chronic fatigue which causes a range of problems including fatigue and joint problems. It can also affect her thinking and she has some mental health issues. Ms X also a bowel condition. Ms X applied for a Blue Badge. She explained she has walking problems and can only walk for a few minutes. Ms X provided supporting medical evidence.
8. The Council did a mobility assessment. The assessor noted Ms X’s medical conditions, the medical evidence and her medication. She noted that Ms X had had some falls and was currently walking with a limp following a fall. Ms X explained that she holds onto her partner when walking but does not use any walking aids if alone. The assessor watched Ms X walk 155 metres at a slow but steady pace. The assessor noted that Ms X did not need to rest and did not change her pace when walking on an even surface or incline. The notes say that Ms X did not appear to be in pain and was not unsteady. Ms X reported a cramp like pain of five out of ten. After the walk Ms X did not need to rest and was able to climb some stairs. Ms X was not short of breath during the walk. The Council decided not to award a badge.
9. Ms X challenged the decision and said that, since the mobility assessment, she had been diagnosed with a new condition. The Council did not change its decision but said Ms X could have a new mobility assessment due to the new diagnosis.
10. Ms X disagrees with the Council’s decision. She is reluctant to have another assessment and says the Council should issue a badge based on her medical conditions. Ms X says the Council has failed to look at the bigger picture and to accept what a positive impact a badge would have on her life.

Assessment

11. 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.
12. The Council considered the information Ms 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 Ms X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
13. Ms X could make a new application so the Council can consider her new diagnosis. Ms X may want to wait until after the new rules have started. I do not know if the new rules would help Ms X qualify for a badge. That would be a decision for the Council to make.

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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