Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to issue a Blue 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 information provided by the Council. This includes Mr X’s Blue Badge application and the mobility assessment report. I spoke to Mr X after he received 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. The guidance says that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.

What happened

6. Mr X has a condition which causes pain in his back and legs. He also has a lung condition which causes breathlessness. He applied for a Blue Badge. He said he can walk from home to the post office, a distance of about 160 metres. He said he is breathless when he gets there.
7. The Council did a mobility assessment. The assessor noted Mr X’s medical conditions, his medication and use of an inhaler and an elbow crutch. The assessor asked Mr X about his perceptions of his pain and breathlessness. The assessor watched Mr X walk 90 metres. Mr X reported a tightening in his thighs after 50 metres and asked to stop at 90 metres. The assessor noted that Mr X showed mild breathlessness at the end of the walk and had not shown signs of significant pain. The walk included a kerb and slope which Mr X was able to navigate. Mr X used his crutch and his wife held his other arm for support. The assessor found that Mr X walked at a slow but steady pace, with a normal gait and no rests. The assessor noted Mr X had not had any falls in the last 12 months. The Council decided Mr X does not qualify for a badge.
8. Mr X disagrees with the Council’s decision and says he would find it easier to cope if he had a badge. He says he had a fall last week and feels he is getting worse. He says he had used his inhaler, and taken ibuprofen, before doing the walk for the mobility assessment.

Assessment

9. I will not investigate this complaint because it is unlikely I would find fault. The Ombudsman does not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge.
10. The Council considered the information Mr X provided on his application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. In addition, the decision to refuse a badge is consistent with the guidance because Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
11. Mr X had taken medication before the walk. But, the guidance says the Council should base the assessment taking into account any drugs or aids the person uses. It is unfortunate that Mr X fell last week but this does not affect the Council’s assessment which it did in January. Mr X could ask the Council about making a new application for a badge. It would be for the Council to decide the outcome of any new application.

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Final decision

12. 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