London Borough of Harrow (19 005 425)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 10 Sep 2020

Summary: The complainants complain about the Council contractor’s (Access Independent) decision to refuse their applications for Blue Badges or Freedom Passes.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council has agreed to:

  • offer new assessments to Mr D, Miss E, Mr G, Mrs H and Mr I;
  • remind ‘paper-stage’ assessors of the requirement to only refuse applicants that are clearly ineligible. If an application form is not fully completed, this needs analysing in any decision to refuse an application;
  • remind all assessors of the importance of having a full record that allows a third-party reader – the applicant or a reviewer – to understand the reasons for a decision. For example, fuller explanations of why descriptors are chosen; especially when they conflict with other evidence;
  • remind assessors that the Blue Badge Scheme Local Authority Guidance (England) (the Guidance) says explanations should be clear. So information sent to applicants should avoid jargon and acronyms. Any handwritten documents should be legible;
  • remind assessors that it is especially important to provide reasoning when they have observed a walking speed of less than 40 metres a minute and refused the application. This is because the Guidance notes this, alone, likely indicates very considerable difficulty in walking;
  • draw up an action plan that will clearly specify when it will implement the recommended changes to the assessment process and decision letters, for paper, assessment and appeal stage decisions.

Ombudsman satisfied with Council's response: 3 February 2021.

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