Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge 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 award a Blue Badge.

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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)
3. 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)

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How I considered this complaint

4. I read the complaint and information provided by the Council. This includes Mr X’s Blue Badge application, the mobility assessment and a letter from his doctor. I invited Mr X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. 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.
6. 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 guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.
7. Problems getting out of a car are not qualifying conditions for a badge.

What happened

8. Mr X applied for a Blue Badge. He explained the problems he has with his legs following surgeries. He also explained the problems he has when walking, including pain and breathlessness.
9. The Council did a mobility assessment. The assessor noted Mr X’s medical history, his medication, his use of walking aids and that he has had a fall. The assessor noted that Mr X said it was hard to walk on uneven surfaces and he struggles with steep steps. The assessor watched Mr X walk 140 metres, at a very slow speed, having taken a brief rest at 70 metres. The assessor saw no evidence of significant pain or breathlessness. The assessor noted that Mr X walked with a stick, at a slow but steady pace, and with a normal gait. The Council decided Mr X does not qualify for a badge.
10. Mr X appealed. He reiterated all his medical problems and said his mobility is getting worse. He explained that he needs to park in a disabled bay so he can open the car door as wide as possible.
11. The Council reviewed the case but, in November, confirmed its decision that, based on the mobility assessment and the government guidance, Mr X does not qualify.
12. Mr X disagrees with the decision. He complained to the Ombudsman in March and provided a supportive letter from his doctor written in March 2020.

Assessment

13. 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. It is not my job to decide if Mr X qualifies for a badge and I cannot award a badge.
14. The Council considered the information Mr X provided on his application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. In addition, the decision to refuse a badge is consistent with the guidance because Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
15. People cannot qualify for a badge because they have problems getting out a car. And, I cannot take the doctor’s letter into account because it was written after the Council made its decision and it did not form part of the Council’s decision making process. That said, the government guidance says councils should assess entitlement mainly on the mobility assessment rather that on evidence from the person’s doctor.

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Final decision

16. 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