London Borough of Lambeth (20 011 002)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 11 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to issue the complainant with a Blue Badge. This is because the Council has reviewed the application and decided to issue a badge.
The complaint
- The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to give him a Blue Badge.
The Ombudsman’s role and powers
- 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 the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and some information from the Council. This includes Mr X’s application, medical evidence, details of a benefit he receives and the Council’s decisions. I found out the Council has reviewed the case again and has decided to issue a Blue Badge. I invited Mr X to comment on a draft of this decision.
What I found
Blue badge
- People can qualify for a Blue Badge if they are a risk to themselves, or to others, during a journey.
What happened
- Mr X applied for a Blue Badge. He explained he has some mental health issues and is at risk of causing serious harm to himself, or to others, while walking.
- Mr X receives a benefit called Personal Independence Payment (PIP). Within PIP he receives eight points on the grounds that he cannot mix with other people and may behave in a way that could cause harm to himself or to other people.
- The Council initially refused the badge application. But, it has now done another review and has decided to award a badge because Mr X finds it hard to mix with people and may pose a risk while walking. The Council is now in the process of issuing the badge to Mr X.
Assessment
- I will not start an investigation because the Council has reviewed the application and decided to give Mr X a Blue Badge.
Final decision
- I will not start an investigation because the Council has decided to give Mr X a Blue Badge.
Investigator's decision on behalf of the Ombudsman