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 Mr X, disagrees with the Council’s decision not to award 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 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 Mr X’s Blue Badge application and the mobility assessment report. I invited Mr X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. 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.
6. Difficulty getting out of a car is not a qualifying condition for a Blue Badge.

What happened

7. Mr X has had several serious road traffic accidents injuring his back, legs and arms. He has had many operations and still suffers from these injuries. He also has arthritis. Mr X applied for a Blue Badge. On his application form he said he can walk fairly well but has problems getting in and out of a car.
8. The Council did a mobility assessment. The assessor made a detailed note of Mr X’s accidents and medical history. She asked about his medication and noted that he has not had any falls in the last year. She tested his limb function and found he has a good range of motion. But, she noted that he cannot fully extend one knee and one foot turns out. The assessor watched Mr X walk 185 metres with one brief stop when Mr X said he leg ached a bit. Mr X used his stick and walked with a slight limp. He did not report pain or display any shortness of breath. He walked at a slow speed but had no problem walking up a slope. The assessor did not see any problems with his balance, co-ordination, posture or walking rhythm. The Council decided Mr X does not qualify for a badge.
9. Mr X disagrees with the Council’s decision.

Assessment

10. 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.
11. The Council considered the information Mr X provided on his 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 Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
12. In his application form, and during the mobility assessment, Mr X explained the problems he has getting in and out of cars. However, difficulty getting out a car is not a qualifying condition for a badge.

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Final decision

13. 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