Summary: The Ombudsman will not investigate this complaint about the Council’s decision that the complainant must provide a recent benefit decision letter before it will issue a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Council will not award a Blue Badge even though she is eligible because she receives a benefit called Personal Independence Payment (PIP).

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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)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the government Blue Badge guidance and comments Mrs X made in reply to a draft of this decision.

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What I found

Blue badge guidance

4. Some people qualify for a badge because they receive PIP. The government guidance says councils should check the eligibility if the PIP decision letter is more than 12 months old.

What happened

5. Mrs X applied for a Blue Badge. She supplied evidence that she receives PIP and that she has been awarded PIP until January 2021.
6. The Council did not award a badge because the PIP decision letter was more than 12 months old. The Council asked Mrs X to contact the Department for Pensions (DWP) for recent evidence of the PIP award. It said it could then process the application.
7. Mrs X says the Council is being vexatious and obstructive. She has a current PIP award and does not need to be reassessed for PIP. Mrs X says she needs a badge for hospital appointments.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. It is government guidance, not Council rules, which says people should submit a PIP decision letter which is less than 12 months old. Mrs X submitted a PIP decision letter that was more than 12 months old. The Council’s decision to ask Mrs X to provide current evidence is consistent with the guidance so there is no reason to start an investigation.
9. Mrs X does not need to be reassessed for PIP. She needs to contact the DWP to ask for a letter, with a current date, that confirms her PIP award. If she sends that evidence to the Council it will process the Blue Badge application. Mrs X can contact the DWP by phone and will not need to go anywhere to get the letter.

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Final decision

10. 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