London Borough of Waltham Forest (20 005 087)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 05 Nov 2020

The Ombudsman's final decision:

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

The complaint

  1. The complainant, whom I refer to as Mrs X, complains the Council will not accept the proof of identity that she submitted with her first Blue Badge application as evidence for her renewal. She complains the Council insists that she re-submits proof of identity. Mrs X says this is hard because she does not have a birth certificate.

Back to top

The Ombudsman’s role and powers

  1. 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)

Back to top

How I considered this complaint

  1. I read the complaint and the Council’s response. I looked at the Government’s Blue Badge on-line application website. I considered comments Mrs X’s representative made in reply to a draft of this decision.

Back to top

What I found

Blue badge renewals

  1. People can apply to renew their badge through the Government’s on-line system. The application site says the applicant will need to provide proof of identity. It gives, as examples, copies of the birth certificate, passport or driving licence. The Government guidance also explains people must provide proof of identity. The requirement is to deter fraud.

What happened

  1. Mrs X applied for a Blue Badge in 2016. She provided her marriage certificate as proof of identity. Mrs X says she does not have a birth certificate. The Council issued a Blue Badge which was valid for three years.
  2. Mrs X applied to renew her badge in 2019 using the Government’s on-line service. She did not provide proof of identity. The Council contacted Mrs X and asked for proof of identity. Mrs X, and her daughter, asked the Council to use the marriage certificate submitted with the first application. The Council said that was not possible.
  3. Mrs X complained. In response, the Council said it was following Government guidance and needed Mrs X to re-submit proof of identity. It apologised because an officer had told Mrs X’s daughter that this was due to a change in data protection rules. The Council said it would accept the marriage certificate, NHS medical card or National Insurance card. It said it would issue the badge as soon as Mrs X submitted proof of identity.
  4. Mrs X is dissatisfied with the response. She continues to assert the Council should use the marriage certificate from the first application. She says that without the badge she is housebound and cannot get a discount on a dropped kerb. Mrs X wants the Council to process the application using the marriage certificate, apologise and look into giving her a dropped kerb discount.

Assessment

  1. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council is following Government guidance and it has provided alternative forms of proof that it will accept aside from a birth certificate. If Mrs X does not want to resubmit her marriage certificate she can use one of the alternatives suggested by the Council. Once Mrs X sends proof of identity the Council will process the application. Mrs X can then ask the Council if it offers a dropped kerb discount to Blue Badge holders.
  2. It is unfortunate that an officer provided confusing information about the data protection act but this does not mean the request for new proof of identity is wrong and it does not need an investigation.

Back to top

Final decision

  1. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings