Summary: The Council failed to consider all relevant medical information when assessing Mr X’s application for a blue badge

The complaint

1. Mr X complains the Council has refused his application for 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’. 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)
3. 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

4. I have considered the complaint and supporting information, and discussed it with Mr X. I have considered the Council’s assessment of Mr X which included an assessment of his mobility. I have also taken account of relevant legislation. Mr X and the Council had the opportunity to comment on a draft of this document.

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What I found

The Blue Badge scheme

5. The Blue Badge scheme is to help disabled people with severe mobility problems access goods and services by allowing them to park near their destination. The scheme provides parking concessions for blue badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing whether people are eligible for a badge
6. 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.
7. New rules came into force on 30 August 2019. These 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.

What happened

8. Mr X has Chronic Obstructive Airways Disease (COPD) which causes him breathing problems. He also has swallowing issues which cause physical discomfort. He sometimes experiences stress and panic attacks.
9. Mr X applied for a blue badge. He explained his breathing and swallowing problems and provided a letter from his GP which confirmed his swallowing issue, and stress. He also provided a letter from a hospital dated July 2019 confirming his COPD diagnosis.
10. The Council undertook an assessment of Mr X on 19 August 2019, this included an assessment of his mobility. I have seen a copy of the assessment. The assessor noted Mr X’s swallowing issues and his reports of being breathless which sometimes caused panic attacks. The assessor noted Mr X provided a letter from his GP confirming swallowing issues, stress and a reflux problem.
11. There is no evidence to show the assessor considered the letter from a hospital which confirms Mr X to have “quite severe COPD”
12. The assessor watched Mr X walking and considered:

• distance walked
• walking speed
• outdoor walking ability
• manner of walking
• level of pain during assessment
• breathing

13. The assessor scored Mr X a total of 10 points. This was below the threshold for a blue badge. The assessor recorded Mr X walked” according to his age and presented no mobility issues. Client managed to walk with good speed without any balance issues. Therefore, client does not fill full the eligibility criteria”. The Council refused Mr X a blue badge.
14. Mr X appealed the decision. The Council wrote to Mr X on 30 August 2019 to say the appeal had been unsuccessful because, during the assessment he had been observed to walk independently from the assessment room on the first floor to the car park with one break to release wind, that he walked at a good speed and presented no mobility difficulties.

Analysis

15. It is not my role to decide whether Mr X is eligible for a blue badge or give a view about the degree to which he meets the relevant criteria. My role is to consider whether the Council followed the correct process in coming to a decision.
16. In this case I find the Council failed to do so because there is no reference in the assessment to the letter from a hospital Consultant confirming Mr X has COPD. The assessment fails to consider this information.

Agreed action

17. The Council will within four weeks of the final decision undertake a reassessment of Mr X’s application for a blue badge and consider all relevant medical information

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Final decision

18. The Council failed to properly consider Mrs X’s application for a blue badge. It failed to take account of all relevant medical information.
19. The above recommendations are a suitable way to settle the complaint.
20. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman