Summary: The Council failed to complete a proper assessment for a Blue Badge or provide enough information for the complainant to properly appeal. The Council has agreed to apologise for these failures, arrange a new assessment, and make procedural changes.

The complaint

1. The complainant whom I refer to as Mrs C complains the Council:-
• failed to consider relevant information when it refused her application for a Blue Badge;
• failed to provide her with enough information to appeal its decision;
• delayed in progressing her application and appeal.
2. Mrs C says the Council should have awarded her with a Blue Badge and has gone through a notable amount of effort to pursue the matter.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. I spoke with Mrs C and considered the information she provided. This included her application for a Blue Badge and the appeal documents. In addition I looked at:-
• Department for Transport’s (DfT) Blue Badge Scheme guidance;
• the Council’s appeals process;
• timescales for completing the Blue Badge process.
6. Mrs C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What should have happened

7. The Department for Transport’s (DfT) Blue Badge Scheme is 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 and enforcement of the scheme. This includes assessing whether people are eligible for the badge.
8. The DfT issues guidance to councils for providing Blue Badges. Eligibility is based on several factors. In this case to be eligible for a Blue Badge a person must have a permanent and substantial disability that causes inability to walk or very considerable difficulty in walking.
9. The guidance includes a structured functional mobility assessment and sets out what assessors may wish to consider when assessing a person’s mobility. Applicants who can walk more than 80 metres and do not display very considerable difficulty in walking through any other factors would not be deemed as eligible. If applicants are unhappy with the outcome of an assessment, they may appeal by asking the Council to review the decision.
10. When making decisions the DfT says applicants who are refused a badge, “should be given a detailed explanation of the grounds for refusal. It is not sufficient to simply state that the applicant did not meet the eligibility criteria. The Local Government Ombudsman expects authorities to provide a clear explanation of the reasons why an application has been refused in the decision letter.”

What happened

11. Mrs C attended a face-to-face assessment of her walking abilities. The assessor reported that Mrs C walked 80 meters in two minutes, during which time she had to use her inhaler once. The assessor scored Mrs C five points:-
• three for moderate shortness of breath;
• one for her pace of walking; and
• one for the distance walked - “mild difficulty”. There is no detail attached or reference to Mrs C having to use her inhaler.
12. The assessor scored Mrs C no points for the way she walked. The descriptor says applicants should be able to “walk and talk”. There is no written record of Mrs C’s ability to walk and talk.
13. Mrs C says the assessor misinterpreted and mis-recorded information she provided. Mrs C says the assessor also did not consider how different weather affected her ability to walk.
14. The Council told Mrs C she did not meet the criteria for a Blue Badge. The Council did not send her a copy of the assessment or provide any further information about its decision.
15. Throughout the process Mrs C had to prompt the Council to provide her with information about the progress of her application and her appeal.

Was there fault causing injustice?

16. The Ombudsman cannot criticise a Council where officers have followed the correct procedures and reached a reasoned outcome. In this complaint I consider there are faults in the way the officer completed the assessment. This includes:-
• failure to comment on the use of an inhaler in criteria other than breathing,
• lack of information about Mrs C’s pace of walk. The Council awarded Mrs C one point for walking 80m in two minutes. However it also recorded Mrs C as walking at a normal pace, 61-90m in one minute. At best this would equate to Mrs C walking 61m in the first minute and the final 19m in one minute. This is at odds with her walking at a constant pace. If this were the case, she would have walked 31-60m in one minute, and awarded three points;
• lack of explanation about how the officer assessed Mrs C walking outside;
• no record about Mrs C’s ability to “walk and talk”.
17. The Council is also at fault for failing to provide Mrs C with:-
• decisions about her application and appeal in a timely manner; and,
• sufficient information to understand why she did not meet the criteria for a Blue Badge.
18. Mrs C disputes some of the information recorded. Without an independent witness it is difficult to know what was said at the time. I have however considered the information Mrs C provided in my overall investigation of her complaint.
19. The Council’s failures have caused Mrs C uncertainty about whether, but for the faults identified, the Council would have awarded her a Blue Badge. She has also had frustration, and avoidable time and trouble in pursuing the matter.

Agreed action

20. I have found fault causing injustice. The Council has agreed to take the following actions to remedy the complaint:-
1. apologise to Mrs C for the failures I have identified;
2. offer Mrs C a date for a reassessment for a Blue Badge;
3. remind mobility assessors to use the free text section to add detail and provide further justification for decisions made;
4. review decision letters to ensure they provide enough detail for applicants to understand why they were not awarded a Blue Badge in order that they can properly appeal;
5. review the Blue Badge process to prevent delay in applications and appeals.
21. The Council should complete (a) and (b) within one month of the final decision and (c)-(e) within 2 months of the final decision.

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Final decision

22. I have found fault in the actions of the Council which has caused Mrs C injustice. I consider the agreed actions are sufficient to remedy the complaint. I have now completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman