London Borough of Waltham Forest (19 021 090)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 18 Feb 2021

The Ombudsman's final decision:

Summary: Mrs X complained about errors and delays during her application to renew her Blue Badge. The Council was at fault. There was delay and it did not keep her informed on the progress of her application. The Council has already apologised to Mrs X for this and taken action to improve its services. This is an appropriate remedy.

The complaint

  1. Mrs X complains about poor communication and errors during the application process to renew her Blue Badge. She said this led to delay in issuing the badge which has caused her inconvenience, frustration and distress. The Council has already apologised for delays in processing her application, but she wants the Council to review its procedures to ensure it informs applicants promptly when further information is needed to progress the application, to reduce delays in future.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. 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)

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How I considered this complaint

  1. I read Mrs X’s complaint and spoke with her about it on the phone.
  2. I made enquiries of the Council and considered information it sent me.
  3. Mrs X and the Council had the opportunity to comment on the draft decision. I considered their comments before making my final decision.

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What I found

The Blue Badge Scheme

  1. The Department for Transport’s (DfT) Blue Badge Scheme is to help disabled people with severe mobility problems access goods and services by allowing them or a carer to park near to their destination. Councils are responsible for the day-to-day administration and enforcement of the scheme, including assessing eligibility and renewing Blue Badges.

What happened

  1. Mrs X has a Blue Badge. In October 2019, she applied to the Council to renew her badge. Mrs X said she submitted a colour photograph with her application, in line with the renewal requirements.
  2. Mrs X says the Council told her it had received all the required information and then processed payment for her renewed badge.
  3. She rang the Council for an update two weeks later. The Council told her it was processing her application.
  4. The Council says it sent Mrs X a letter at the beginning of November requesting a colour photograph. Mrs X says she did not receive this letter. The Council has been unable to provide us with a copy of this letter or proof it was sent. This letter said if it did not hear from Mrs X within four weeks, it would close the application and she would have to re-apply.
  5. In January 2020, Mrs X went to Council officers to ask why she had not received her new badge. The Council told her she had not provided a colour photograph, as requested.
  6. In March 2020, Mrs X provided a colour photograph. She also formally complained to the Council about the delays in processing her application.
  7. The Council issued her with a Blue Badge.
  8. In April 2020, the Council responded to her complaint. It said:
    • The photograph she initially suppled did not meet the requirements as it was black and white and not passport style.
    • It sent her a letter requesting a colour photograph, but has no record of this letter.

It apologised that she did not receive the letter requesting a colour photograph and for not keeping her updated on the status of her application.

  1. Mrs X disagreed with the Council’s response and escalated her complaint to stage 2 of the Council’s complaints procedure. She said the photograph submitted with the original application was in colour and the Council had falsified the evidence.
  2. The Council provided a stage 2 response. It said it had been unable to confirm if the original photograph submitted was colour or black and white, but the Blue Badge service maintained it was black and white and therefore unsuitable. It said there was no evidence the stage 1 response was falsified. It upheld her complaint about delays with her application and apologised for this.
  3. Mrs X remained unhappy and brought her complaint to us. The Council has told Mrs X it cannot find the original photograph she submitted in October 2019.
  4. In its response to our enquiries, the Council says it has taken action to improve its services including:
    • Re-training staff to ensure when letters are sent to applicants it is recorded on the casework system.
    • Revising and implementing a new tracking system to monitor the progress of applications. The team manager monitors the system each week to identify and reduce any delays.
    • Improving its systems so it now accepts digital photographs.
    • Implementing a text message system to inform applicants of missing documents and to allow applicants to upload these documents through their phone.

Analysis

  1. The Council has been unable to provide evidence of the letter it sent to Mrs X in November 2019 or proof the original photograph submitted was black and white. It did not keep her informed and there was delay processing her application. This is fault. The Council has already apologised to Mrs X for this in its complaint responses. This is an appropriate remedy for this part of the complaint.
  2. Mrs X told us she wanted the Council to improve its processes so applicants were kept informed and did not experience similar delays as she had. Since Mrs X’s complaint, the Council has taken several actions to improve its systems and procedures. The Council has acted appropriately to improve its services following Mrs X’s complaint.

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Final decision

  1. I have completed my investigation. The Council was at fault. It has already acted to remedy the injustice to Mrs X and improve its services.

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Investigator's decision on behalf of the Ombudsman

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