Doncaster Metropolitan Borough Council (20 013 011)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 19 Jul 2021

The Ombudsman's final decision:

Summary: Mr B complained the Council wrongly refused his application for a Blue Badge. We find fault with the way the Council considered Mr B’s application and the decision letters it issued. The Council has agreed to our recommendations to address the injustice caused.

The complaint

  1. Mr B complained the Council wrongly refused his application for a Blue Badge. He says it is frustrating and he is unsure as to why his application was refused.

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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. I considered information from Mr B and the Council.
  2. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Blue Badge scheme

  1. The Department for Transport (DfT) has issued guidance to councils for providing Blue Badges. The Blue Badge scheme entitles drivers or passengers with mobility problems to park nearer to their destination.
  2. The DfT updated its guidance in August 2019 to ensure that difficulties experienced by people with non-visible (‘hidden’) disabilities are considered by councils when determining their eligibility for Blue Badges. The revisions to the eligibility criteria mean that councils can now consider a person’s difficulty while walking, and during the course of a journey, rather than solely their ability to walk or difficulties caused only by the physical act of walking.
  3. If a council decides not to issue a Blue Badge, the regulations say it must notify the applicant, in writing, of the reasons for refusal. The DfT strongly recommends that every applicant is given a ‘detailed explanation’ of the grounds for refusal. Councils should not simply state in their refusal letter that the applicant did not meet the eligibility criteria.
  4. When reviewing applications, the Ombudsman expects councils to adhere to our guidance, ‘the Principles of Good Administrative Practice’ which says that councils should keep proper and accurate records and give reasons for their decisions. They should have clear and accessible appeal routes and provide timely advice on how and when to appeal or complain.

What happened

  1. Mr B applied to the Council for a Blue Badge in November 2020 under the hidden disabilities criteria. Mr B said in his application that he suffers from bowel disease which means that he needs to be close to toilet facilities. He also said he suffers from intermittent joint pain and tiredness because of the bowel disease and therefore he cannot always walk far. He said that having a Blue Badge would reduce his anxiety about going to new places and provide him with more freedom.
  2. Mr B provided the Council with letters from medical professionals to support his application.
  3. The Council contacted Mr B’s consultant. The consultant explained that Mr B needs urgent and rapid access to the toilet. He also said that Mr B sometimes will be unable to plan or follow a journey.
  4. The Council completed a desk-based assessment based on the information in Mr B’s application form and the information from his consultant. It wrote to him in January 2021 and explained he had not provided sufficient evidence to meet the hidden disabilities criteria.
  5. Mr B appealed to the Council. He explained that he is overwhelmed with fear and worry each time he needs to travel because of the frequency and urgency to use the toilet. He also said that he has been experiencing worsening problems with his joints which affects his mobility. He told the Council to contact his consultant for more specific information.
  6. The Council’s appeal panel reconsidered the desk-based assessment and upheld the original decision to refuse a Blue Badge. The Council wrote to Mr B in February 2021 and explained the appeal panel had reviewed his case and he did not meet the threshold for the eligibility of a Blue Badge.
  7. Mr B was dissatisfied and referred the matter to the Ombudsman.

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Analysis

  1. It is not our role to decide whether Mr B should have a Blue Badge; that is the Council’s job. Our role is to assess whether the Council made its decision properly.
  2. The Council’s initial refusal letter is not sufficiently detailed, and it is not in line with the DfT’s guidance. This is fault. It says Mr B does not meet the criteria for a Blue Badge but does not adequately explain how it reached this decision and how it assessed the supporting evidence Mr B provided.
  3. The Council’s desk-based assessment fails to properly address the impact of Mr B’s joint pain and tiredness on his ability to walk.
  4. There is also no evidence to show how the panel considered Mr B’s information and why it considered he was not eligible for a Blue Badge. The panel’s notes are brief and simply state that it agrees with the desk-based assessment. There is no detailed analysis on how it came to its decision.
  5. The Council also failed to properly explain in its second decision letter why Mr B does not meet the threshold for a Blue Badge.
  6. The faults identified call into question the Council’s decision making. This has caused Mr B a significant injustice as he cannot be satisfied his application was considered properly.

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Agreed action

  1. To address the injustice caused by fault, by 16 August 2021 the Council has agreed to:
  • Apologise to Mr B.
  • Write to Mr B offering him a new assessment.
  • Set out a plan for how it will ensure that, in its decision letters, it provides applicants with detailed explanations of the reasons for refusing a Blue Badge application.

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Final decision

  1. I have found fault by Council, causing an injustice to Mr B. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman

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