Summary: The Ombudsman will not investigate this complaint about a blue badge refusal. This is because the complainant has been advised to reapply by the Council due to a recent change in the criteria and it is reasonable to expect them to do this.

The complaint

1. The complainant, who I shall refer to as Ms X, complains on behalf of Mr Y, about the Council’s decision to refuse Mr Y’s blue badge application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the complaint paperwork and also spoken to Ms X.

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What I found

4. Mr Y has learning disabilities that make it unsafe to manage walking in the street. At the time of the Council’s consideration of his application the national guidance did not allow the Council to consider ‘hidden disabilities’ when assessing eligibility for blue badges.
5. In August 2019 the Government widened the eligibility criteria to allow people with ‘hidden disabilities’ such as autism and mental health problems to apply for blue badges. The Council has written to Ms X to advise that Mr Y should put in a new application to allow a new assessment under the new guidance. On this basis the Ombudsman will not investigate as it is reasonable to expect Mr Y to put in a new application to achieve the outcome sought.

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Investigator's decision on behalf of the Ombudsman