London Borough of Harrow (19 020 579)
The Ombudsman's final decision:
Summary: The Ombudsman has discontinued the investigation as the Council has offered a re-assessment of Mrs C to decide whether she is eligible for a Blue Badge.
The complaint
- Mr B complains on behalf of his mother, Mrs C. He says the Council has failed to properly assess Mrs C’s eligibility for a Blue Badge.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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)
How I considered this complaint
- I have discussed the complaint with Mr B and considered the information sent.
What I found
- Mrs C applied for a Blue Badge in November 2019 on the basis that she was in receipt of Personal Independence Payment. The Council rejected the application as Mrs C did not provide evidence of the PIP. Mrs C appealed the decision and the Council assessed Mrs C’s eligibility in January 2020. The outcome of the assessment was that Mrs C was not eligible for a Blue Badge.
- Mr B says the assessment was flawed as the assessor did not properly assess Mrs C’s ability to walk and did not fully consider the medical evidence.
- The Ombudsman informed the Council of its decision to investigate the complaint in September 2020. The Council responded and said it had decided to offer Mrs C a re-assessment.
- If I carried out an investigation and found fault in the Council’s actions, then the Ombudsman’s remedy would be to ask the Council to re-assess Mrs C. As the Council has already offered a re-assessment, any further investigation would not result in a better outcome for Mrs C and I therefore propose to discontinue the investigation.
Final decision
- I have discontinued the investigation as nothing further can be gained from an investigation.
Investigator's decision on behalf of the Ombudsman