Bournemouth, Christchurch and Poole Council (20 006 134)

Category : Adult care services > Transport

Decision : Not upheld

Decision date : 17 Feb 2021

The Ombudsman's final decision:

Summary: Ms X complained the Council refused her Blue Badge application without properly considering her medical conditions or completing an assessment of her walking ability. Since making the complaint, Ms X has been awarded Personal Independence Payment and now has an automatic entitlement to a Blue Badge. The complaint will not be pursued as the matter is now resolved.

The complaint

  1. Ms X complained the Council refused her blue badge application without properly considering her medical conditions or completing an assessment of her walking ability.
  2. Ms X says that the lack of a blue badge has a severe impact on her life as it limits where and how often she can leave the house.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. As part of the investigation, I have:
    • considered the complaint and the documents provided by the complainant;
    • discussed the issues with the complainant;
    • sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

Law and Guidance

  1. The Blue Badge (Disabled Persons’ Parking) Scheme was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (‘the 1970 Act’)1.
  2. The aim of the scheme is to help disabled people with severe mobility problems to access goods and services, by allowing them to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger.
  3. In August 2019 the guidance changed to include a new category of non-visible ‘hidden’ disabilities. The new criteria extends eligibility to people who:

Cannot undertake a journey without there being a risk of serious harm to their health or safety or that of any other person (such as young children with autism).

Cannot undertake a journey without it causing them very considerable psychological distress

Have very considerable difficulty when walking (both the physical act and experience of walking).

  1. A person is eligible for a blue badge without further assessment if they receive eight or more points under the “moving around” activity of the mobility component of Personal Independence Payment (PIP).

Key facts

  1. Ms X submitted an online blue badge application in September 2020. The case notes provided by the Council state the Council would request documents to support the application under hidden abilities as Ms X is able to walk too far to be entitled under walking disabilities criteria.
  2. The Council refused Ms X’s application and wrote to her on 21 September. The letter said Ms X did not meet the criteria required for a blue badge under the hidden disability legislation. The letter gave information about the behaviours that would make her eligible and said she could request a review of the decision.
  3. The Council’s case notes of its consideration says Ms X’s application was borderline based on the evidence provided but that overall it should be refused. The notes went on to say that if Ms X appeals then it should seek an occupation therapy assessment.
  4. Ms X did submit an appeal request. The case notes say the information provided is the same as before and does not show any input from an expert assessor. It took the view Ms X’s disabilities were primarily hidden rather than physical mobility. The Council wrote to Ms X on 30 September refusing the appeal on the basis she had not provided information to show she is receiving input from an “expert assessor”. There is nothing to suggest the Council sought an occupational therapy assessment before reaching this decision.
  5. Ms X complained to the Ombudsman. I telephoned Ms X to discuss her complaint and she told me that she had recently been awarded PIP and had been given ten points under the “moving around” criteria. She said that she had now provided evidence of this to the Council as she believed she would now automatically qualify for a blue badge.
  6. Ms X said that she had not yet received notification from the Council that her blue badge had been awarded but said that once this was received, she would not need to continue with this complaint.

Analysis

  1. It is not the role of the Ombudsman to decide whether Ms X is eligible for a blue badge or give a view on the degree to which she meets the relevant criteria. The Ombudsman’s role is to consider whether the Council followed the correct process in coming to its decision.
  2. I would normally have made written enquiries to the Council about its process and would have sought more information about why a decision was made without carrying out a walking or occupational therapy assessment. However, Ms X’s circumstances have recently changed and she is now automatically entitled to a blue badge. As a result, there is no need to pursue this complaint further as the Council has confirmed Ms X is entitled to a blue badge.

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Final decision

  1. I will now discontinue my investigation as the matter has been resolved and so there is no reason to pursue this matter further.

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Investigator's decision on behalf of the Ombudsman

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