Summary: Mrs X complains about the Council’s decision that her mother is no longer eligible for a Blue Badge. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains on behalf of her mother, Mrs Y. She is unhappy with the Council’s decision that her mother is no longer eligible 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’. 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 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 have:
• considered comments and information from Mrs X and the Council;
• reviewed the Blue Badge application, assessment and appeal papers;
• taken into account the guidance issued by the Department for Transport;
• written to Mrs X with my draft decision and given her an opportunity to comment.

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What I found

Department for Transport Blue Badge guidance

5. The Department for Transport issues guidance to councils for providing Blue Badges to disabled people with severe mobility problems. The guidance sets out two types of eligibility criteria for issuing Blue Badges: ‘Eligible without further assessment’ and ‘Eligible subject to further assessment’. To qualify under the latter, “an applicant must have a permanent and substantial disability that means they cannot walk, or means they have very considerable difficulty walking.”
6. The guidance identifies specific factors for councils to consider when assessing an applicant’s eligibility for a badge:
• the level of pain experienced when walking
• breathlessness
• distance and length of time to walk
• pace
• manner of walking
• use of walking aids
• the applicant’s ability to walk outdoors
• danger to life for applicant’s with serious chest and lung conditions.
7. The guidance says that applicants who can walk more than 80 metres and do not demonstrate very considerable difficulty in walking through any other factors would not be deemed as eligible.

Mobility assessment

8. Mrs Y has held a Blue Badge since 2013. She has physical health conditions that causes pain and makes it difficult for her to walk. She does not automatically qualify for a badge under the guidance. Mrs Y applied to renew her badge earlier this year.
9. The record of the assessment shows Mrs Y walked over 150 metres at a slow pace without the use of walking aids. The assessor recorded there was “minimal or no observable impact” to her walking balance, posture, length of stride, walking rhythm, coordination or breathing and she did not show signs of considerable pain or discomfort.
10. The Council wrote to Mrs Y confirming its decision that she does not meet the criteria for a badge. Mrs X appealed against the decision giving more details of her mother’s conditions and the pain she experiences. She also explained that her mother has difficulties getting in and out of a car.
11. The Council, having considered the appeal, upheld its decision. It responded to the points raised by Mrs X and explained that difficulties in getting in and out of a car and the need to fully open a car door is not a factor that qualifies someone for a badge under the guidance.
12. The Ombudsman cannot question the outcome of a Blue Badge assessment that has not been affected by fault. The Council has considered Mrs Y’s individual circumstances and Mrs X’s appeal, taken account of the relevant factors and assessed her in line with the guidance.

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Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault in the Council’s decision.

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Investigator's decision on behalf of the Ombudsman