Summary: We will not investigate this complaint about an application for a Blue Badge and a Taxicard. This is because there is insufficient evidence of fault by the Council and because the complainant could submit a new application.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to award a Blue Badge or a Taxicard.

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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, or
• it would be reasonable for the person to make a fresh application.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and information from the Council. This includes the mobility assessment reports and medical information. I invited Mrs X to comment on a draft of this decision.

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What I found

Blue badge government guidance (there are similar rules for a Taxicard)

4. 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.
5. 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. Mrs X applied for a Blue Badge or a Taxicard. The Council carried out two mobility assessments and considered factors such as distance, speed, falls, pain, gait and breathing. The Council accepted Mrs X has some mobility problems but decided the problems were not bad enough to qualify for a badge or taxicard. In February the Council told Mrs X her application had been unsuccessful. It said she could make a new application in nine months time.

Assessment

7. I will not investigate this complaint because it is unlikely I would find fault by the Council. 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. The Ombudsman has no power to award a badge or a taxicard.
8. The Council considered the information Mrs X provided on her application form and the findings of the mobility assessors. The assessment notes show the assessors considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point.
9. In addition, if we started an investigation, and found fault by the Council, the most likely outcome is that we would ask the Council to do a fresh assessment. And, it would probably be some months before any such request would be made. On this basis it would be more beneficial for Mrs X to make a fresh application as nine months have passed since the original refusal.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and because Mrs X can make a new application.

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Investigator's decision on behalf of the Ombudsman