Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to renew her 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 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 read the complaint and information provided by the Council. This includes Mrs X’s Blue Badge application and the mobility assessment reports. I invited Mrs X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. People qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
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 councils should assess applications through an independent mobility assessment.
7. New rules started from 30 August 2019 which made it easier for some people with hidden disabilities to qualify for a badge. Not everyone with a hidden disability will qualify.

What happened

8. Mrs X applied to renew her Blue Badge. She said she has osteoarthritis, a back problem and Crohns disease. She said she takes paracetamol. The Council tried to do a mobility assessment. The assessor noted Mrs X’s medical conditions and that she has not had any falls. Mrs X walked 7 metres, using a crutch, but then a relative said Mrs X needed to sit and could not walk any further. Mrs X sat although did not say whether she needed to sit down. The assessor did not observe that Mrs X needed to sit. During the first assessment Mrs X did not say she was a wheelchair user. The Council could not assess Mrs X’s mobility because she declined to walk further than 7 metres. The Council did not renew the badge.
9. Mrs X appealed. She said the mobility assessment had not been properly completed. The Council did a second mobility assessment. Mrs X arrived in a wheelchair and said she used a wheelchair for all indoor and outdoor mobility. Mrs X reported a fear of falling, moderate pain when walking, slow walking speed with frequent stops. She also reported incontinence issues. The assessor noted what Mrs X said but could not make any observations because Mrs X did not do any walking. Mrs X confirmed she was applying on the basis of poor mobility. The Council confirmed the decision not to renew the badge.
10. Mrs X wants a badge. She is afraid of having an accident due to the Crohns disease. She thought the mobility assessments were so brief because her restricted mobility is so clear.

Assessment

11. I will not investigate this complaint because it is unlikely I would find fault. The Ombudsman does not act as an appeal body and can only consider if there is fault in the way the Council has made a decision.
12. The guidance recommends that councils assess applications though a mobility assessment. The Council did two assessments but, as Mrs X declined to walk more than a few metres, the assessor was only able to form a very limited view of her mobility and not enough to decide that Mrs X is eligible for a badge. There is no suggestion of fault in the way the Council assessed the information it was given.
13. Mrs X applied to renew her badge before the new rules started and told the Council she was primarily applying on the grounds of her mobility. Mrs X could apply for a badge under the new rules. It would be for the Council to decide if she qualifies. There is no guarantee that an application under the new rules would be successful.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman