Summary: The Ombudsman will not investigate this complaint about the way the Council assessed the complainant’s application for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council’s approach to her application for a Blue Badge has been discriminatory and intimidatory. She says while people do not have to go through such a challenging application process.

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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)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the application form Ms X completed and a letter she supplied from her doctor. I invited Ms X to comment on a draft of this decision.

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What I found

Blue badge guidance

4. The government guidance, which applies to all councils, says a council should award a Blue Badge if it is satisfied the person is unable to work or has considerable difficulty with walking. The guidance says councils can accept evidence from GPs provided this is not the only source of evidence used to determine eligibility. Councils often ask people to attend a mobility assessment to determine if someone is eligible for a badge.

What happened

5. Ms X completed an application form from the central government website. She provided basic information about her medical condition and ability to walk.
6. The Council received the application and asked Ms X to provide additional information. Ms X provided a letter from her GP but she has not provided all the information the Council had asked for.
7. Ms X complained about the process. She said she had supplied additional information. Ms X also complained that the application process is easier in boroughs where most residents are white. In response, the Council explained the eligibility conditions for a badge and that it needs information in order to assess if someone meets those conditions. It said the process is the same for all applicants. It asked Ms X to provide the outstanding information so it could continue to assess the application.
8. I asked the Council for an update. The Council told me Ms X has not provided the outstanding information and the case is on hold. It will continue to assess the application if Ms X provides all the information it has requested.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The process used by the Council, and its request for information, is the same as that followed by all councils in England. Councils have to follow the government guidance which applies throughout England regardless of the race of the applicant. There is nothing discriminatory in the Council’s approach.
10. The Council will continue to assess the application if Ms X provides the additional information. It might ask her to attend a mobility assessment. If Ms X does not provide the information the Council will close the application.

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Final decision

11. 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