Summary: We will not investigate this complaint about an application for a Blue Badge because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to issue a Blue Badge.

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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. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I read the complaint and information provided by the Council. This includes Ms X’s Blue Badge application, the assessment report and a letter from her doctor. I considered comments Ms X’s representative made in reply to a draft of this decision.

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What I found

Blue badge guidance

5. 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.
6. 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.
7. People who receive at least eight moving around points with the personal independence payment (PIP), or descriptor E which says the person cannot undertake a journey without experiencing overwhelming psychological distress, qualify for a badge.

What happened

8. Ms X applied for a Blue Badge. She explained she has some mental health issues and a curvature of the spine which causes walking problems. She said she never goes out alone and walks with sticks. Ms X receives four PIP points for moving around and points for needing help to plan a journey.
9. The Council did an assessment. The officer recorded Ms X’s medical problems and noted that she is not currently under the care of any secondary services. She noted that Ms X has some adaptations in her home. The officer was aware that Ms X reported experiencing a lot of pain when walking but also noted she does not take prescription pain killers. The assessor was aware that Ms X had displayed some challenging behaviours in the past and is always accompanied when she goes out to help her keep calm. The assessor recorded that Ms X fell at home a few months ago and walks with two sticks. Ms X reported that she can walk for 15 minutes with a couple of rests. The Council decided Ms X does not qualify for a badge.

Assessment

10. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge.
11. The Council considered the information Ms X provided on her application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. In addition, although Ms X receives PIP, she does not receive the elements which mean she would qualify for a badge. The PIP score of four points is consistent with the Council’s finding that Ms X can walk more than 80 metres. Ms X does not receive PIP for experiencing psychological distress when walking and has not supplied any medical evidence to demonstrate that she does. In addition, the guidance says councils should take into account any coping mechanisms someone has to help when they are out. In this case Ms X is always accompanied and this provides her with support and reassurance.
12. The Council’s decision that Ms X does not qualify for a badge is consistent with the guidance and the evidence so there is no reason to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman