Summary: The Ombudsman will not investigate this complaint about the Council’s decision that it cannot process the complainant’s Blue Badge renewal until he provides current evidence of his Disability Living Allowance award. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council has discriminated against him, and failed to make reasonable adjustments, in relation to his Blue Badge renewal.

Back to top

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)

Back to top

How I considered this complaint

3. I read the complaint and the correspondence between Mr X and the Council. I considered the Blue Badge government guidance and comments Mr X made in reply to a draft of this decision.

Back to top

What I found

Blue badge government guidance

4. People who receive a benefit called Disability Living Allowance (DLA) high mobility qualify for a Blue Badge without further assessment providing they provide evidence that they qualify for that benefit. The guidance says the applicant must provide a copy of the DLA award letter if it is dated within the last 12 months. If the DLA was awarded more than 12 months ago then the Council will ask the applicant for a copy of the annual DLA letter which shows the uprated amount of benefit. The guidance says that DLA life and indefinite awards can still be reviewed and older award letters are not reliable indicators as to whether someone automatically qualifies for a badge.

What happened

5. Mr X receives DLA high mobility. He says he has an indefinite award. Mr X had had a Blue Badge for 13 years. Mr X needed to renew the badge in 2018. Mr X asked the Council, as a reasonable adjustment under the Equalities Act, to allow him to renew his badge without providing proof of the DLA.
6. The Council said it offers adjustments to help people apply for a badge. But, it said that the Equalities Act does not exempt him from providing proof to show he is eligible for a badge.
7. Mr X’s badge expired in 2018. He has not provided the Council with current evidence of his DLA. The last DLA letter the Council has for Mr X is from 2015. Mr X has had a lot of correspondence with the Council. The Council has tried to help Mr X meet the evidence requirements. It offered a meeting and it offered to meet Mr X outside the office if he found it hard to access the building to show his documents. It also offered to contact the DLA department, on his behalf, for it to confirm the award. Mr X did not give the Council consent for this. The Council also explained to Mr X why it needs to see current evidence of the DLA and it invited him to explain if there were any reasons stopping him from providing a copy of his latest DLA letter. The Council explained, in detail, why it was not discriminated against Mr X. It pointed out that everyone with a badge has a disability and must meet the evidence requirements.
8. Mr X is finding it hard to manage without his badge. He remains of the view that the Council is discriminating against him and has failed to address his concerns.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The government guidance says councils should ask for evidence, dated within the last 12 months, that the applicant gets DLA high mobility. The guidance also says that this requirement applies to people with an indefinite award of DLA. The Council is following government guidance so there is no reason to start an investigation. In addition, the Council has acted appropriately by making various offers to help Mr X meet the evidence requirements. The Council has told Mr X that if he provides proof of his DLA then it will process the application.
10. Mr X says the Council is discriminating against hm. However, in line with the government guidance, the Council asks everyone, not just Mr X, to provide current evidence of their DLA. The Council is treating Mr X the same as all other applicants. It has also made reasonable adjustments by offering other ways in which Mr X can provide the evidence. The Council has, since 2018, explained to Mr X in detail why it cannot agree to his request and why he needs to satisfy the evidence requirements.

Back to top

Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman