London Borough of Hackney (20 008 222)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 23 Feb 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr B’s complaint about the way the Council considered his application for a Blue Badge. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation. We could not add to the Council’s response or provide Mr B with a different outcome.

The complaint

  1. Mr B complains the Council has not properly considered his application for a Blue Badge and failed to tell him of his appeal rights.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
  • it is unlikely we would find fault, or
  • the fault has not caused injustice to the person who complained, or
  • the injustice is not significant enough to justify our involvement, or
  • it is unlikely we could add to any previous investigation by the Council, or
  • it is unlikely further investigation will lead to a different outcome, or
  • we cannot achieve the outcome someone wants.

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

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How I considered this complaint

  1. I considered the information and documentation Mr B and the Council provided. I sent Mr B a copy of my draft decision for comment.

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What I found

  1. Mr B applied to the Council for a Blue Badge. He told the Council he automatically meets the criteria for a Blue Badge stating he receives two components of PIP. Mr B says he scores 12 points for mobility difficulties 10 of which are awarded under descriptor E for ‘overwhelming psychological distress’.
  2. The Council says Mr B only sent one page of the 30-page DWP document which did not show he had been awarded 12 points to include 10 points for ‘overwhelming psychological distress’ under the planning and following a journey.
  3. The Council explained to Mr B he will need to contact the DWP and ask it to outline the provision of his PIP award. It also advised him of numbers to contact for help and support to assist him with this.
  4. The Council advised Mr B if his PIP award did not automatically qualify him for a Blue Badge, he can complete the full application for an assessment under the non-qualifying criteria.
  5. The Blue Badge Guidance says:

Eligible without further assessment

Some people are automatically entitled to a blue badge (without further assessment). They must be over two years old and fall within one of the following categories:

  • receives the Higher Rate of the Mobility Component of the Disability Living Allowance (HRMCDLA); or
  • receives eight points or more under the “moving around” activity of the mobility component of Personal Independence Payment (PIP); or
  • receives 10 points or more, specifically for Descriptor E, “planning and following journeys” activity of the mobility component of PIP; or
  • is registered blind (severely sight impaired); or
  • receives a War Pensioner’s Mobility Supplement (WPMS); or
  • has been awarded both a lump sum benefit at tariffs 1-8 of the Armed Forces Compensation Scheme and certified as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

NOTE: Armed Forces Independence Payment (AFIP) awards are not included in the Type 1 eligibility criteria

 

Eligible subject to further assessment

To qualify under these criteria, an applicant must be more than two years old and fall within one or more of the following descriptions:

  • drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter; or
  • has been certified by an expert assessor as having an enduring and substantial disability which causes then, during the course of a journey, to:
    1. Be unable to walk;
    2. Experience very considerable difficulty whilst walking, which may include very considerable psychological distress; or
    3. Be at risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person.

The disability experienced by the applicant must have endured for at least three years.

  1. The Council has explained to Mr B it does not have enough information to award him a Blue Badge under the automatic criteria which he applied. It has advised him to request his information from the DWP so it can progress his application. If Mr B does not have this information and does not meet the criteria for a Blue Badge automatically he can reapply under the non-automatic criteria. In this case he will need to complete the full application online and provide the required medical evidence to support his application. The Council has also provided contact details for organisations offering support. There is no evidence of fault with the actions taken by the Council warranting an Ombudsman investigation. Mr B should provide the Council with the information it has requested so it can decide his application.

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Final decision

  1. We will not investigate this complaint. This is because there is not enough evidence of fault with the actions taken by the Council to warrant an Ombudsman investigation. We could not add to the Council’s response or provide Mr B with a different outcome.

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Investigator's decision on behalf of the Ombudsman

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