Summary: Mr Y complains on behalf of his wife that the Council did not assess their application for a Blue Badge correctly. The Ombudsman will not investigate this complaint because there was no fault in the way the Council reached its decision.

The complaint

1. Mr Y complains on behalf of his wife that the Council did not assess their application for a Blue Badge correctly. Specifically, he says the Council failed to consider the impact of his wife’s Mixed Dementia on her ability to safely access goods and services.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
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)

Back to top

How I considered this complaint

4. I considered the complaint and the information provided by Mr Y.
5. I reviewed the application, decision and appeal letters provided by the council.
6. I gave Mr Y the opportunity to comment on my draft decision.

Back to top

What I found

7. Mr Y applied for a Blue Badge on behalf of his wife.
8. In November 2019, the Council decided not to issue a Blue Badge. The decision was made on the grounds that Mrs Y has coping strategies in place that allow her to access goods and services.
9. The Department for Transport’s (DfT) Blue Badge scheme is designed to help disabled people with severe mobility problems access goods and services by allowing them or a carer to park near their destination. Local authorities are responsible for the day-to-day administration of the scheme, including assessing whether people are eligible for the badge.
10. The DfT issues guidance to local authorities on assessing applications for Blue Badges. This was updated in 2019 to be more inclusive of ‘hidden’ disabilities, such as autism and dementia.
11. The criteria Mrs Y was considered under is “whether the applicant has very considerable psychological distress whilst walking during the course of a journey”.
12. The Department for Transport guidance for local authorities covers this in some detail:

The DfT expects that, in the context of disabilities that are predominantly non-visible ('hidden') in nature, a risk of serious harm to self/others could manifest as one or more of the following behaviours:

• Becoming physically aggressive towards others, possibly without intent or awareness of the impact their actions may have;

• Refusing to walk altogether, dropping to the floor, or becoming a dead-weight;

• Wandering off or running away, possibly without awareness of surroundings or

their associated risks (e.g. nearby roads, car park environments);

• Disobeying, ignoring and/or being unaware of clear instructions;

• Experiencing very severe or overwhelming anxiety (e.g. through hypervigilance);

• Experiencing an overwhelming sense of fear of public/open/busy spaces;

• Experiencing serious harm or causing harm to others;

• Avoiding some/all types of journeys due to the kinds of experiences listed above.

13. In its decision, the council accepts that Mrs Y exhibits some of these behaviours. However, it concludes that Mrs Y is “only a danger to herself or others if unsupervised, but coping strategies is not to travel unsupervised”.
14. This conclusion is supported by the DfT guidance:

Local authorities will also need to be satisfied that such difficulties cannot otherwise be managed through reasonable coping strategies. For example, where an applicant would only ever be accompanied by another person and that negates ‘very considerable’ difficulty, a badge would not help the applicant.

15. The Ombudsman cannot question the decision on a Blue Badge application made without fault. The Council considered Mrs Y’s individual circumstances in line with the guidance, taking account of relevant factors. There is no fault in how the Council decided Mrs Y does not meet the criteria for a Blue Badge.

Back to top

Final decision

16. The Ombudsman will not investigate this complaint because there was no fault in the way the Council reached its decision.

Back to top

Investigator's decision on behalf of the Ombudsman