Summary: The Ombudsman will not investigate this complaint about the renewal of a Blue Badge. This is because there is no evidence of fault in the actions of the Council.

The complaint

1. The complainant, who I refer to here as Mr M, complains on behalf of his wife, Mrs M, that the Council:
• Unfairly refused the renewal of Mrs M’s Blue Badge;
• Misinterpreted the guidelines for renewal;
• Did not provide adequate and timely information about documents needed for the renewal; and
• Treated Mrs N less favourably than others with a more recent Personal Independence Payment (PIPS) award.

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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 or continue with 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 considered the information provided by Mr M and by the Council. I have also sent Mr M an initial view for his comments.

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What I found

4. Mr M applied on behalf of his wife to renew her Blue Badge. At the assessment stage, the Council told Mr M that it could not immediately renew the Blue Badge as the letter of entitlement to PIP was dated 2017. In order to passport the application, he needed to provided evidence of entitlement to PIP, dated in the previous 12 months. It told him how he could obtain an updated PIP eligibility letter from the Department of Work and Pensions.
5. Mr M has complained about the Council’s actions.
6. He says that it is unfair of the Council to refuse the renewal on the basis of a 2017 PIPs entitlement letter. He feels that this is less favourable treatment than that which those with a recent assessment receive.
7. There is, however, no fault by the Council in this action. The guidance produced by the Department for Transport (DfT) states that PIP entitlement letters used to assess Blue Badge eligibility must be dated within the previous 12 months, and that where there is an on-going disability, an updated letter must be obtained from the DWP. The Council is following the guidance.
8. Additionally, the Council has explained what Mr M needs to do in order to achieve the renewal.
9. Mr M further complains that the Council should have told him sooner about the requirement, but I do not consider there is fault by the Council. This is because the information about the PIP entitlement rules is contained on the form that Mr M completed. It is for Mr M to read the guidance on the form and provide the appropriate supporting documentation. Once the Council had the application, it informed him why the application did not meet the requirements, and how to obtain the needed letter.

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Final decision

10. I will not investigate this complaint. This is because there is no evidence of fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman