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

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What I found

Blue Badge government guidance

5. 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.
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.

What happened

7. Ms X applied to renew her Blue Badge. On her application form she said she has heart problems and pain in her shoulder. She said “I have no difficulty putting one foot in front of another.” She said she uses a walking stick and can walk from home to her local Sainsburys.
8. The Council did a mobility assessment. The assessor noted that Ms X reported heart problems and a skin problem affecting her feet. The assessor noted that Ms X had said she could walk to Sainsburys and she calculated this is 482 metres. Ms X said she does not have problems with pain and she had not bought her stick to the assessment. The assessor watched Ms X walk 100 metres which included an uneven surface and two steps. Ms X stopped a few times but the assessor found this was not due to breathiness. Ms X walked at a slow to normal speed. Ms X did not report any pain and the assessor did not see signs of pain. The assessor did not see signs of breathlessness and noted that Ms X was able to walk and talk. The Council decided not to renew the badge.
9. Ms X disagrees with the Council’s decision. She says the Council would have awarded a badge if she was unable to walk and had a mental illness.

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 Ms X provided on her 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 Ms X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
12. Ms X says the Council would have awarded a badge if she had a mental illness. However, Ms X has not disclosed that she has a mental illness so this is not something the Council considered. The Council can only assess an application based on the information it has.
13. Ms X has suggested the Council should have renewed the badge because she has previously held one. However, every application is based on its merits and there is no guarantee that a renewal will be successful.

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Final decision

14. 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