Peterborough City Council (19 018 636)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 16 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to issue a Blue Badge under the hidden disabilities rule. This is because it is unlikely he would find fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to give him a Blue Badge. Mr X has mental health problems and says he qualifies under the hidden disability rules.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I read the complaint and the Council’s decision letters. I considered the medical reports submitted by Mr X in support of his application and comments he made in reply to a draft of this decision.

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What I found

Blue badge government guidance

  1. 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. When deciding if someone experiences considerable difficulty when walking councils can consider psychological distress.
  2. People who receive descriptor E (mobility) of a benefit called Personal Independence Payment qualify for a badge. People who have been declared unfit for work by the Department for Work and Pensions (DWP) do not automatically qualify for a badge. The DWP can decide someone is unfit for work under regulation 35 which says that a person is unfit for work by reason of disease or disablement if there would be a substantial risk to the mental or physical health of any person were the person to be found fit for work.

What happened

  1. Mr X applied for a Blue Badge. He explained he has mental health problems and has been found unfit for work under regulation 35. The Council asked Mr X to provide proof of any PIP that he receives but he did not provide evidence of a PIP award.
  2. Mr X provided a report from his doctor. The report confirmed Mr X’s mental health problems and said that the doctor had not discussed walking problems with Mr X. The Council decided Mr X had not demonstrated he is eligible for a badge.
  3. Mr X submitted a report from a mental health practitioner. The report said that Mr X feels anxious and can feel a sense of panic and fear when out. The mental health worker said Mr X is not at risk of serious harm when out and does not pose a risk to other people. She said that due to his emotional distress about having contact with people he has to go in and out of facilities to lessen his distress.
  4. The Council considered the second report but decided Mr X had still not demonstrated that he meets the rules for a badge.
  5. Mr X disagrees. He says his illnesses have a severe impact on his ability to make a journey and the DWP has accepted this. He says he has asked the DWP to review his PIP. He denies the mental health worker said he does not pose a risk to other people.

Assessment

  1. 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.
  2. Mr X has mental health problems and is medically unfit for work. However, being unfit for work under regulation 35 is not a passport to getting a badge. And, Mr X has not provided evidence that he gets descriptor E of PIP. If Mr X provides evidence of a PIP award, either now or after a DWP review, he can send it to the Council. In addition, the report did state Mr X is not a risk to others.
  3. People cannot qualify for a badge simply because they have been diagnosed with a health issue. They only qualify, under the hidden disability rules, if they demonstrate they have very considerable difficulty walking or pose a risk to themselves or to others. The Council considered the two reports but decided the evidence, from the health professionals, does not demonstrate that he is eligible for a badge. It is not my role to act as an appeal body or to decide if Mr X is eligible for a badge. But, I can see that the Council’s decision flows from the evidence so there is no suggestion of fault in the way the Council made its decision.
  4. Mr X says the Council has discriminated against him by refusing to consider his mental health and refusing to issue a badge. However, the Council has considered his mental health and it is not discrimination for a council to decide someone is not eligible for a badge. The new Blue Badge rules do not say that everyone with a mental health problem, or a hidden disability, will qualify for a badge.

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Final decision

  1. 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

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