Summary: The Council failed to properly consider Mr X’s application for a blue badge. It failed to take account of all relevant medical information and failed to undertake a mobility assessment.

The complaint

1. Mr X complains the Council has refused his application for 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered the complaint and supporting information, including the Council’s response to Mr X’s appeal. I have also taken account of relevant legislation.

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What I found

The Blue Badge scheme

5. The Blue Badge scheme is to help disabled people with severe mobility problems access goods and services by allowing them to park near their destination. The scheme provides parking concessions for blue badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing whether people are eligible for a badge
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.
7. New rules came into force on 30 August 2019. These are designed to make it easier for people with problems that are not exclusively linked to the physical act of walking to qualify for a badge.

What happened

8. Mr X is early fifties. He retired from work because of ill health. He has physical and mental health issues.
9. He applied to the Council for a blue badge in September 2019. He provided a list of his medication and extensive information about his current health conditions. He also provided information about health professionals currently and previously involved in his care.
10. In his application, Mr X explained he was anxious about finding a parking space, and that his “…actions may be unjustified if a conflict were to take place”. He also said he needed to park close to the supermarket because of “…a back condition”. And, that he would benefit from a wider parking space.
11. The Council wrote to Mr X on 17 October 2019 saying his application had been refused because it did not meet the criteria for one of three qualifying categories:

• Automatic entitlement
• Subject to Further Assessment
• Hidden Disabilities.

12. Mr X appealed the decision. He “…attached a file with comprehensive details containing a full history of injuries sustained in the workplace…”.
13. The Council wrote to Mr X on 19 November 2019 to say the appeal had been unsuccessful. It upheld the original decision that Mr X did not meet the criteria because there was a “lack of evidence on the impact of your conditions upon your walking journey from the car to your destination, plus the current coping strategies you employ, indicate that your walking journeys can currently be undertaken without a Blue Badge”.

Analysis

14. It is not my role to decide whether Mr X is eligible for a blue badge or give a view about the degree to which he meets the relevant criteria. My role is to consider whether the Council followed the correct process in coming to a decision.
15. In this case I find the Council failed to do so.
16. In his initial application Mr X says he has physical and mental health issues but does not describe his difficulty walking, he refers to difficulty parking his car, however in his appeal he mentions back and knee problems. Mr X also provided extensive medical information. I have seen no evidence which shows the Council considered this. At this point the Council should have arranged an assessment of Mr X’s mobility. It did not do so. This is fault.

Agreed action

17. As soon as is reasonably practicable, the Council will undertake a reassessment of Mr X’s application for a blue badge, undertake a mobility assessment and consider all relevant medical information

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Final decision

18. The Council failed to properly consider Mr X’s application for a blue badge. It failed to take account of all relevant medical information and failed to undertake a mobility assessment.
19. The Council gas agreed to reassess Mr X’s application. This is a satisfactory way to settle the complaint.
20. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman