Summary: The Ombudsman will not investigate this complaint about how the Council considered the complaint’s application for a Disabled Person’s Parking Badge. This is because he is unlikely to find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about the Council’s decision to refuse her application for a Disabled Person’s Parking Badge (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)

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How I considered this complaint

3. I have considered Mrs X’s complaint and the Council’s responses. I have also considered the Blue Badge guidance issued by the Department for Transport in 2014 as this was the guidance relevant at the time of Mrs X’s application and assessment. I invited Mrs X to comment on a draft of this decision.

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What I found

4. The Blue Badge scheme helps people with mobility problems gain easier access to goods and services by allowing the holder to park where restrictions would normally apply. Local authorities are responsible for deciding if applicants are eligible for a Blue Badge and guidance from the Department for Transport details the considerations that should be given when deciding applications.
5. Section 4 of the guidance details the circumstances in which people will be eligible for a Blue Badge. This can be either with or without the need for a further mobility assessment. If a further assessment is needed, applicants will be eligible for a Blue Badge if they either:

• Drive a vehicle regularly and have a severe disability in both arms meaning they cannot or have great difficulty operating all or some types of parking metre.
• Have a permanent and substantial disability that means they cannot walk or have considerable difficulty walking.

The guidance says if the applicant can walk 80 metres without showing considerable difficulties through any other cause, they will not be eligible for a Blue Badge. The assessor should consider factors such as speed, pain, balance and shortness of breath.

What happened

6. In June 2019, Mrs X applied to the Council to renew her Blue Badge. The Council assessed Mrs X’s mobility but refused her application. It said while Mrs X walked with some difficulty, she did not meet the requirements for a Blue Badge. Mrs X was unhappy with the Council’s decision and appealed.
7. The Council considered Mrs X’s appeal but its decision to refuse her Blue Badge application remained the same. It said it had reviewed Mrs X’s medical evidence and her mobility assessment, but she was not eligible for a Blue Badge.
8. Mrs X remains unhappy with how the Council has dealt with her application. She says her medical condition has become much worse since she was first awarded a Blue Badge and walking causes her significant pain. Mrs X complains that the assessor did not discuss how she felt and was only interested in the paperwork she had provided to support her application.

Assessment

9. I will not investigate Mrs X’s complaint about how the Council dealt with her application for a Blue Badge. This is because I am unlikely to find fault by the Council.
10. The Ombudsman does not act as an appeal body for Blue Badge decisions. Instead we consider if there was fault with how the decision was made. I have reviewed Mrs X’s mobility assessment. This shows that she could walk 100 metres without resting. The assessor also considered if there were other factors which would make it considerably difficult for Mrs X to walk. However, the assessment says Mrs X only showed mild pain and discomfort and there were no signs of breathlessness. The Council has acknowledged that Mrs X walked at a very slow pace, but speed is not a qualifying factor when considered on its own. The Council also considered the information Mrs X provided in relation to her medical condition.
11. As the Council properly assessed Mrs X’s Blue Badge application, in line with the government guidance, it is unlikely I could find fault.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because he is unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman