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 Ms X, disagrees with the Council’s decision not to issue a Blue Badge.

Back to top

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)

Back to top

How I considered this complaint

4. I read the complaint and information provided by the Council. This includes Ms X’s Blue Badge application, the mobility assessment and a letter from her doctor. I invited Ms X to comment on a draft of this decision.

Back to top

What I found

Blue badge 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 that people who walk slowly will not be eligible if that is the only qualifying factor.

What happened

7. Ms X has range of medical problems including back and limb pain, gout, depression and anxiety. She applied for a Blue Badge.
8. The Council did a mobility assessment. The assessor noted Ms X’s medical conditions, her medication, and Ms X’s reports of pain. She noted that Ms X uses a stick but carried it in her bag during the assessment. She noted that Ms X has not fallen in the last year. She watched Ms X walk 106 metres in 3 minutes and 27 seconds. Ms X had one brief stop during the walk and, while Ms X reported pain, the assessor did not see signs of pain. The assessor noted that Ms X had an upright posture, did not limp and there were no signs of instability or fatigue. It was noted that Ms X was wearing flip flops, walked unaided and carried a heavy bag and a handbag. Ms X went up and down seven steps while carrying a bag. The Council decided Ms X does not qualify for a badge.
9. Ms X appealed. She submitted a letter to say she was going to be investigated for chest pain and submitted a letter from her GP. The GP said Ms X suffers from multiple problems which impact on her mobility and energy levels. Ms X said she has a hidden disability (depression and anxiety) and should qualify for that reason.
10. The Council considered her appeal. A different officer reconsidered the mobility assessment but did not come to a different view. The Council noted Ms X’s mental health issues but, as she goes to work, it did not accept that walking put her, or other people, at serious risk. The Council also noted that, at that time of the appeal, she was waiting for a cardiology appointment, and did not have a confirmed diagnosis. The Council confirmed its decision not to award a badge.

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 Council considered the information Ms X provided on her application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. In addition, the decision to refuse a badge is consistent with the guidance because Ms X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
13. Ms X has referred to qualifying because she has a hidden disability. New rules started in 2019 which make it easier for some people, with a hidden disability, to qualify for a badge. But, not everyone with a condition such as depression will qualify. People can qualify if, for example, they receive one part of a benefit called Personal Independence Payment (which Ms X does not get) or if walking causes great psychological distress. There is no evidence this applies to Ms X.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman