Summary: Miss X complains the Council did not renew her Blue Badge. She says the Council’s decision caused her a great deal of inconvenience as she was not able to go food shopping as she normally would. The Council has now agreed to provide a Blue Badge until December 2021. We have discontinued our investigation on the understanding Miss X is satisfied with this outcome.

The complaint

1. Miss X complains the Council did not renew her Blue Badge. She says her health condition is worsening and she cannot understand why the Blue Badge has not been renewed.
2. Miss X says the Council’s decision has caused her a great deal of inconvenience as she was not able to go food shopping as she normally would. Miss X says this has caused her a lot of upset and distress.

Back to top

The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

4. I have read Miss X’s complaint and considered the information she provided.
5. I have considered the information provided by the Council.
6. Miss X and the Council had the opportunity to comment on a draft of this decision. I have considered the comments received before making a final decision.

Back to top

What I found

The Blue Badge Scheme

7. The Blue Badge scheme helps people with disabilities that cause mobility problems gain easier access to goods and services by allowing the holder to park where restrictions would normally apply. Local authorities are responsible for deciding if applicants are eligible for a Blue Badge and guidance from the Department for Transport details considerations when deciding applications.
8. The guidance states people are eligible for a badge if they are unable to walk, experience “very considerable difficulty” when walking or are at serious risk of harm when walking. Several factors may be relevant to deciding whether an applicant has “very considerable difficulty” walking. This includes their subjective perception of pain which the guidance says should be cross-referenced with information the applicant provides about their disability. Each aspect of walking – pain, breathlessness, speed, distance, manner and use of walking aids - is to be considered first in isolation and then in combination to reach a decision as to whether the applicant has an enduring disability.
9. The guidance says an applicant may be deemed to have very considerable difficulty in walking if they:
1. are unable to walk 30 metres in total; or
2. they can walk 30-80 metres without pain or breathlessness but “demonstrate very considerable difficulty in walking through a combination of other factors - for example, extremely slow pace and/or their manner of walking”.

What happened

10. Miss X says the Council granted her a Blue Badge in 2017. She says her health conditions make walking difficult and painful and that these health conditions have worsened since 2017.
11. Miss X applied to renew her Blue Badge in May 2020. She completed an online application form and told the Council about her ongoing health conditions. Miss X also told the Council about the continued difficulty she experienced when walking.
12. The Council reviewed Miss X’s application but decided she was no longer eligible for a Blue Badge. It wrote to Miss X in June 2020 to tell her its decision.
13. Miss X appealed the Council’s decision and said her health conditions had worsened since her original application in 2017.
14. The Council considered Miss X’s appeal and conducted a telephone assessment in July 2020. It wrote to Miss X and said that following its assessment she did not qualify for a Blue Badge.
15. Miss X remained unhappy with the Council’s decision and brought her complaint to us.

What happened next

16. In November 2020, the Council told us it had re-assessed Miss X’s application. It said it had not carried out a face-to-face assessment with Miss X because of the Covid-19 pandemic. The Council said it had decided to extend the period of Miss X’s Blue Badge until a face-to-face assessment can take place. The Council said it had agreed to provide a Blue Badge to Miss X until 1 December 2021.
17. The Council said Miss X was without a Blue Badge from 31 July 2020 until 1 December 2020.
18. Since the Council confirmed the Blue Badge will be provided, Miss X has not responded to our attempts at contact. We recognise this may be because she is satisfied with the outcome.

Back to top

Final decision

19. On the understanding Miss X is satisfied with the outcome, we have discontinued the investigation of this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman