Summary: The Ombudsman does not find fault with the way the Council decided Mrs B’s Blue Badge application.

The complaint

1. Mrs B complains about the Councils decision not to award her a Blue Badge. She says the Council failed to properly consider her circumstances.
2. Mrs B says it wrongly denied her a Blue Badge which means she continues to suffer distress walking to and from her car.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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

6. I reviewed the information Mrs B provided. I made enquiries with the Council and considered its response along with the relevant law and guidance.
7. Mrs B and the Council had the opportunity to comment on my draft decision. I carefully considered all the comments I received.

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What I found

Law and guidance

Department for Transport Blue Badge Scheme Local Authority guidance

8. The Blue Badge (Disabled Persons’ Parking) Scheme was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (‘the 1970 Act’)1.
9. The aim of the scheme is to help disabled people with severe mobility problems to access goods and services, by allowing them to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger.
10. In August 2019 the guidance changed to include a new category of non-visible ‘hidden’ disabilities. The new criteria extends eligibility to people who:
• Cannot undertake a journey without there being a risk of serious harm to their health or safety or that of any other person (such as young children with autism).
• Cannot undertake a journey without it causing them very considerable psychological distress.
• Have very considerable difficulty when walking (both the physical act and experience of walking).
11. An individual's eligibility for a Blue Badge is considered in terms of being ‘eligible without further assessment’ (previously known as ‘automatic’) or ‘eligible subject to further assessment’ (previously known as ‘discretionary’).
12. Under regulation 8 of the 2000 Regulations a local authority may refuse to issue a Blue Badge if the applicant fails to provide the local authority with adequate evidence of their eligibility, either as an individual or as an eligible organisation.
13. Regulation 8(3) of the 2000 Regulations states that where a local authority receives an application for a badge and refuses to issue one, it must let the applicant know in writing why their application was refused.
14. Local authorities are strongly recommended to establish an internal procedure to deal with appeals against an authority’s decision not to issue a badge. This process needs to be clear, straightforward, and fair, and not in itself a deterrent to applying for a badge. In addition, it is important that this appeal procedure is clearly signposted to unsuccessful applicants in their decision letter.

What happened

15. Mrs B applied for a Blue Badge in September 2019. She attended an assessment in February 2020.
16. The Council told Mrs B she did not qualify for a Blue Badge and Mrs B appealed the decision in March 2020.
17. The Council did not uphold the appeal. Mrs B remained unhappy with the Council’s decision. She complained to the Ombudsman.

My findings

18. When Mrs B applied for the Blue Badge she included information about both her hip problems and Crohn’s disease and how these affected her ability to walk. The Council says it treated it as a joint physical and hidden disability application.
19. Applicants who apply under the hidden disability criteria are asked for additional evidence from a health care professional. Mrs B provided a letter from her consultant and a standard letter from ‘Crohn’s and Colitis UK’. The Council says it considered this information with Mrs B’s application and assessment. It says the consultants letter said Mrs B was ‘currently well’ and had been discharged from the clinic. The letter from Crohn’s UK was generic and did not contain any information specific to Mrs B.
20. Mrs B says the assessor told her within ten minutes that she would not get a Blue Badge. She also says the assessor failed to consider the anxiety, distress and difficulties she experienced when walking, due to Crohn’s disease. I am not able to prove or disprove what was said in the assessment. The Council denies this claim and says assessment decision are never discussed at clinic. The Council says the assessor discussed Mrs B’s anxiety relating to her Crohn’s.
21. The Council provided evidence of the information it used to assess Mrs B’s application and how it considered this during the assessment and appeal process.
22. When a Council’s decision is made without fault I cannot question the professional judgement of the decision maker. In the case of Mrs B’s Blue Badge assessment, I did not find evidence of fault in the way the Council made its decision. I understand Mrs B may not agree with the decision but that does not mean there was fault in the way it was made.

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Final decision

23. I do not find fault with the Council.

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Investigator's decision on behalf of the Ombudsman