Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge. This is because there is insufficient evidence of fault by the Council and because it is unlikely he could achieve a meaningful outcome.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to award a Blue Badge. Mrs X says the Council has ignored evidence which supports her application.

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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, or
• it is unlikely we could achieve a meaningful outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and information about the application. This includes the Council’s assessment of the application and an Occupation Health (OT) report Mrs X submitted in support of her application. I invited Mrs X to comment on this draft decision.

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What I found

Blue badge government guidance

4. 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. The assessment of whether someone has considerable difficulty when walking can include psychological distress.
5. 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 illness or disability must be expected to last at least three years.

What happened

6. Mrs X had an illness which caused, amongst other things, fatigue and balance problems. The illness, and the on-going difficulties, have also caused anxiety.
7. Mrs X applied for a Blue Badge. The Council assessed Mrs X for both physical and psychological difficulties when walking. The Council did a mobility assessment and noted that Mrs X walked 100 metres, without the use of a walking aid, and with no pain or breathlessness being observed. The Council noted that Mrs X still experiences balance problems and reported feeling as though she was walking on cotton wool. The Council considered an OT report which noted that a work place disabled parking bay was beneficial and that Mrs X‘s symptoms are exacerbated by prolonged walking, uneven surfaces, fatigue and crowds. The Council was also aware of other reports which said that Mrs X’s balance was much better, that she was able to complete most activities and was likely to make a full recovery in the next few months. Having considered all the evidence the Council decided not to award a badge. In made its final decision in late January 2020. It told Mrs X could make a new application after six months.
8. Mrs X disagrees with the decision. She says the Council ignored evidence from her OT which supports the application. She also says the mobility assessment happened early in the day when the fatigue had not yet set in.

Assessment

9. 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 the decision. I cannot issue Mrs X with a badge or tell the Council to issue one.
10. There is evidence which both supports and opposes the application. For example, the OT report describes Mrs X’s balance problems and fatigue but, on the other hand, also mentions that she has problems after prolonged walking. Other pieces of evidence suggest Mrs X’s problems may not last for three years and say her health is improving. In addition, Mrs X walked more than 80 metres and did not demonstrate that she has considerable difficulty when walking. The Council considered all the evidence but decided that there was insufficient evidence to show that Mrs X qualifies for a badge. While Mrs X disagrees, I have not seen any fault in the way the Council reached this decision.
11. Mrs X can submit a new application in August. I do not know if a new application would be successful but it would allow the Council to assess the current circumstances. Even if we investigated, and found fault, the most likely outcome would be for us to ask the Council to do another assessment.

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Final decision

12. I will not start an investigationbecause there is insufficient evidence of fault by the Council and because it is unlikely an investigation would lead to a meaningful outcome.

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Investigator's decision on behalf of the Ombudsman