Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to issue a Blue Badge under the hidden disability rules. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to award her daughter a Blue Badge. Mrs X wants the Council to issue a 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 the Council’s response. I considered the Council’s assessment of the application and the information supplied by Mrs X. I also considered comments Mrs X made in reply to 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. These problems can include considerable psychological distress while walking. The guidance says councils should ask for evidence and the applicant must demonstrate that their difficulties mean they cannot access goods and services. The guidance says councils must be satisfied that any problems cannot be managed through reasonable coping strategies. For example, if a person is always accompanied then a badge would not be awarded.
6. People qualify for a badge if they receive descriptor E of a benefit called Personal Independence Payment (PIP). Descriptor E says the person cannot undertake a journey due to overwhelming psychological distress.

Assessment

7. Mrs X’s daughter, Ms Y, has a medical condition which includes severe anxiety. Ms Y had to withdrew from education due to anxiety. She receives therapy and takes medication. Mrs X applied for a Blue Badge for Ms Y. She explained that Ms Y’s anxiety means she is never alone and is always accompanied when she goes out. Mrs X explained that Ms Y gets very anxious if they cannot park close to their destination and she may need to be dropped off while a parking space is found. Mrs X provided evidence that in 2019 Ms Y had been awarded PIP with descriptor F. PIP is awarded by the Department for Work and Pensions (DWP).
8. Mrs X provided medical evidence which confirmed the diagnosis. One letter from March said the treatments were helping to make the anxiety more manageable and Ms Y was considering going back into education. One report said that Ms Y likes to go shopping with a school friend. Mrs X says Ms Y’s anxiety has not become more manageable and her condition has got worse.
9. The Council did three assessments and asked questions designed to explore entitlement under the hidden disability rules. The Council noted that Ms Y is extremely fearful/anxious in public spaces and requires one to one support on every journey. The Council also noted that Ms Y has strategies in place to allow her to access the community and that she does not receive PIP descriptor E. The Council considered the medical evidence and the report from March which suggested the treatments were starting to help. The Council decided not to award a badge because it was not satisfied Ms Y experiences severe psychological distress which cannot be mitigated by other support.

Assessment

10. The Ombudsman does not act as an appeal body and it is not my role to decide if Ms Y qualifies for a badge. I can only consider if the Council assessed the application correctly. I have no power to award a badge to Ms Y.
11. The Council assessed the application under the hidden disability rules, although it also checked that Ms Y does not have physical difficulties with walking. The Council considered the information on the application form, the medical reports, and all the factors which might mean someone qualifies under the hidden disability rules. It noted that the evidence from March said Ms Y was starting to manage her anxiety and that Ms Y is always accompanied when she goes out. The Council was also aware that the DWP did not award descriptor E which is the descriptor for people who cannot undertake a journey due to overwhelming psychological distress. The Council considered all the issues I would expect it to consider and the way it reached the decision was consistent with the government guidance and the findings of the DWP. Mrs X disagrees with the Council’s decision but that disagreement does not mean there was fault in the way the Council made the decision.
12. Mrs X says the Council did not speak to Ms Y’s doctor. There is no requirement for the Council to do this and it had evidence from the psychiatric team supporting Ms Y.

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Final decision

13. 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