Summary: The Ombudsman will not investigate this complaint about the complainant’s application for a Blue Badge under the hidden disabilities rule. This is because there is insufficient evidence of fault by the Council and the Council would like to get more information from the complainant’s doctor.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has ignored that he is entitled to a Blue Badge because he has mental health problems.

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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)

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How I considered this complaint

3. I read the complaint, the assessment and the medical evidence Mr X sent in support of his application. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Blue badge – hidden disabilities

4. The government introduced new rules in 2019 which mean that some people with a hidden disability can qualify for a Blue Badge. Not everyone with a hidden disability will qualify for a badge. 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. The assessment of difficulty can include psychological difficulty or distress.
5. The Council asks people to apply on-line or by phone. If this is not possible the Council sends a form to a medical professional. The form asks the professional targeted questions to assess if the applicant qualifies for a badge.

What happened

6. Mr X has a long history of mental health problems. He does not use a computer and, due to his medical issues, he finds it difficult to have phone conversations.
7. Mr X applied for a Blue Badge. He sent a supporting medical letter from 2000. He explained, on the phone, that he finds it very hard to use the phone. Because of this the Council issued a professional form. The Council did not receive a completed professional form in response.
8. The Council assessed the application based on the information provided by Mr X and decided Mr X had not demonstrated that he experiences very considerable difficulty when walking. The Council invited Mr X to send current medical evidence but it did not receive anything further from Mr X.
9. Mr X says he submitted more medical evidence other than the letter from 2000. The Council checked and the only medical evidence it has received is the letter from 2000.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council was aware Mr X has difficulties using the phone which is why it issued the professionals form. But, it did not receive a completed form in response and the only medical evidence it received was 20 years old. The Council assessed the application on the information it had received and decided it did not show that Mr X has considerable difficulty in walking. The law does not say that people will qualify for a badge simply because they have a condition that may be regarded as a hidden disability. Instead the person must demonstrate that their condition causes very considerable difficulty when walking. I have not seen any suggestion of fault in the way the Council made this decision.
11. The Council will write to Mr X to seek his consent to issue another professionals form. If Mr X gives permission then the Council will send the form to his GP or other nominated professional. The Council will then assess the information provided by the professional to see if Mr X qualifies for a badge. This will avoid Mr X having to provide any more information in support of the application.

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Final decision

12. 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