Summary: Mr C complained about the way in which the Council dealt with his application for a new blue badge. The Ombudsman did not uphold Mr C’s complaint.

The complaint

1. Mr C complained about the way in which the Council dealt with his application for a blue badge. He complained about what happened with his renewal requests in 2013, 2016 and 2019.

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What I have investigated

2. I have investigated Mr C’s complaint about his blue badge renewal request in 2019.

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The Ombudsman’s role and powers

3. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have considered the information I have received from Mr C and the Council. I shared a copy of my draft decision statement with Mr C and the Council and considered any comments I received, before I made my final decision.

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What I found

What should have happened

7. The Department for Transport’s (DfT) Blue Badge Scheme is to help disabled people with severe mobility problems access goods and services by allowing them or a carer to park near their destination. The scheme provides parking concessions for Blue Badge holders. Local authorities are responsible for the day to day administration and enforcement of the scheme. This includes assessing whether people are eligible for the badge.
8. The DfT issues Guidance to councils for providing Blue Badges to disabled people with severe mobility problems. The guidance says that councils must ensure they only issue badges to residents who satisfy one or more of the criteria set out in legislation. There are two types of eligibility criteria. One is where a person is eligible without further assessment. The other is where the person is eligible subject to further assessment. The guidance says that:
• 3.12 The DfT is aware of many cases where people have been able to obtain badges fraudulently. Examples include people using fake identities, fake addresses or even applying in the name of people who have died. It is vitally important that the issuing council carries out checks at the application stage to ensure, as far as possible, that people are who they claim to be and that they are resident in that authority’s area.
• 3.13 Councils are strongly encouraged to implement a robust identity management system to help reduce fraud and abuse of the scheme.
• 4.4 People who may be issued with a badge without further assessment are those, such as Mr C, who: Receive the mobility component of Personal Independence Payment (PIP) and has obtained 8 points or more under the “moving around” activity.
• 4.5 Provided that the applicant can demonstrate that they satisfy one of the criteria listed above, and can satisfy identity and residency checks, the DfT expects badges to be issued with the minimum of formality in these cases. An applicant in receipt of PIP mobility, will have a decision letter from the DWP. The letter will describe why the person is entitled to the award (the points scored). If the applicant has lost their PIP decision letter, they should contact DWP for a replacement. If the applicant submits a document as proof of evidence that does not specify the descriptor through which they are in receipt of PIP, the council should not issue a Blue Badge.
9. The Council’s website says that applicants should submit the following:
• Your National Insurance Number
• Your driving licence number (if you have one)
• The details of your current Blue Badge (if you have one)
• A passport style photograph, in colour and a true likeness
• Proof of residency
• Proof of identity
• Proof of relevant benefits

What happened

10. The Council wrote to Mr C in June 2019 to remind him that his blue badge would expire in August 2019. It explained that all applicants are treated as new applications, so Mr C should provide as much detail as possible.
11. Mr C submitted his application on 24 June 2019, along with his National Insurance number, his paper driving license (no photocard); a photograph and a DWP Personal Independence Payment (PIP) yearly update letter dated 13 March 2019.
12. The Council responded the following day to advise Mr C that, to process his application, he should provide:
• A copy of his Statement of Entitlement award from the DWP. This shows the points he scored and the period for which it has been granted.
• A copy of a document as proof of his identity. The Council explained that it would not be able to accept a paper driving licence or previous blue badge as proof of ID. It advised Mr C it would accept (amongst others): a Birth Certificate, a Marriage / Divorce Certificate; a Passport or a valid Photo Card driving licence.
13. In response, Mr C made a complaint to the Council. He said his current blue badge was the only photo ID he has. He did not have a valid passport or photo card driving license and felt his paper license should be sufficient. Mr C also complained that his DWP letter should be sufficient evidence of his benefit entitlements.
14. The Council explained, in its complaint response of 2 July 2019, that:
• The Department for Transport has strict guidelines, which must be adhered to when assessing for a Blue Badge. Section 3.2 of the DfT guidelines state: "It is vitally important that the issuing council carries out checks at the application stage to ensure, as far as possible, that people are who they claim to be and that they are resident in that council's area (…). Councils are strongly encouraged to implement a robust identity management system to help reduce fraud and abuse of the scheme".
• As such, the Council must ask for proof of address, ID and benefits for every application received. The Council used Mr C’s DWP letter as proof of address.
• The letter again advised Mr C of the various means through which he could provide proof of his identity and benefits.
15. Mr C subsequently provided a copy of his birth certificate. But he did not initially provide the required evidence of his benefits (see paragraph 12 point 1 above). Mr C told the Council he felt he should not have to provide evidence of his benefits, because his condition ‘does not magically disappear’.
16. Once Mr C provided the required evidence, the Council issued him with a new blue badge in August 2019.

Assessment

17. I found that the Council has followed the relevant guidance with regards to the way in which it processed Mr C’s application for a new blue badge pass.
18. The Council requested the information and supporting evidence referred to in the guidance. Mr C did not initially provide the required evidence of his benefits or identity. The birth certificate and the statement of entitlements are two documents that Mr C should have had in his possession already and/or of which he could have been able to obtain a copy relatively easy.
19. While I did not find fault, it would have been good practice for the Council to specify, for instance on its website, the type of documents it accepts as proof of identity, residence and disability.

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Final decision

20. For reasons explained above, I have decided not to uphold Mr C’s complaint.

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Parts of the complaint that I did not investigate

21. The Ombudsman cannot investigate late complaints unless he decides there are good reasons. Late complaints are when someone takes more than 12 months to complain to the Ombudsman about something a council has done. The Ombudsman can use his discretion to look at events that happened longer than 12 months ago. However, he will not use his discretion if he believes the complainant could have reasonably complained to the Ombudsman sooner.
22. I decided not to investigate Mr C’s complaint about his blue badge renewal request in 2013 and 2016 because, if Mr C was unhappy with the Council’s actions in 2013 and 2016, he should have made a complaint to the Ombudsman at that time.

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Investigator's decision on behalf of the Ombudsman