Summary: Mrs X complained about the Council’s decision not to renew her Disabled Person’s Blue Badge and its decision not to issue her a concessionary travel pass. There is no evidence of fault by the Council.

The complaint

1. Mrs X complained about the Council’s decision not to renew her Disabled Person’s Blue Badge and its decision not to issue her a concessionary travel pass. She said the Council did not consider her medical condition and how it affects her mobility. Mrs X also said her assessment was unfair because it was desk-based. Mrs X said this has upset her and she has suffered financially because as a result she has had to pay for travel. She wants the Council to reconsider her application and in particular, to issue her with a concessionary travel pass.

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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’. 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)
3. 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

4. I spoke with Mrs X about her complaint.
5. I considered the information provided by Mrs X and the Council.
6. Mrs X and the Council had the opportunity to comment on this draft decision. I considered their comments before making a final decision.

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What I found

The disabled person’s Blue Badge scheme

7. The Blue Badge scheme helps a person park closer to their destination if they have a disability or health condition that affects their mobility.
8. Councils are responsible for the day-to-day running of the scheme. The Department for Transport has issued guidance to Councils on how to administer and enforce a Blue Badge scheme in their area.
9. The guidance states there are two types of eligibility criteria. One is where a person is eligible without further assessment because they receive certain benefits.
10. The other is where the person is eligible subject to further assessment. Those who are eligible subject to further assessment have to fulfil one of two criteria to qualify for a badge. The person must:
• Drive a vehicle regularly, have a severe disability in both arms and cannot operate, or have considerable difficulty in operating, all or some types of parking meter; or
• Have a permanent and substantial disability that causes inability to walk or very considerable difficulty in walking.
11. Applicants who can walk more than 80 metres and do not display very considerable difficulty in walking through any other factors would not be deemed as eligible.
12. A Blue Badge is usually valid for three years. After this period, people must apply for a renewal if they still require it.
13. A Council can assess Blue Badge applications with a face-to-face approach or with its own desk-based assessment tool. Where an applicant is not seen in person, a desk-based assessment relies heavily on the questions in the Blue Badge application form about the applicant, their disability, their medical conditions and their ability to walk during a course of a journey.

Concessionary travel pass scheme

14. The concessionary travel pass scheme allows eligible older and disabled people to travel free on local buses.
15. Government guidance states eligibility for a concessionary travel pass may be considered “automatic” (not requiring further assessment) where a person is in receipt of certain benefits.
16. Eligibility may also be considered automatic where a disabled person of fare paying age has been issued with a Blue Badge.
17. Subject to further assessment, others may be eligible. The guidance sets out seven broad criteria for eligibility after further assessment which include:
• The person has a disability or has suffered an injury, which has a substantial and long-term adverse effect on their ability to walk.
18. To qualify under this category, a person would have to have long-term and substantial disability that means they cannot walk or which makes walking very difficult.
19. The guidance says passes will be issued to people who can only walk with excessive labour and at an extremely slow pace or with excessive pain. Their degree of impairment should be at a comparable level to that required to claim the Higher Rate Mobility Component of Disability Living Allowance or to be awarded at least eight points under the “Moving “Around” component of Personal Independence Payment (PIP).

What happened

20. Mrs X has a health condition and reduced mobility. Until 2020, the Council had issued her with a Blue Badge. She was not automatically eligible, but qualified subject to further assessment.
21. In August 2020, Mrs X applied to renew her Blue Badge. Within her application, Mrs X stated she could walk from home to a bus stop which is approximately 200 metres. The Council asked a physiotherapist to review her application to determine if she met the eligibility criteria. The physiotherapist completed a desk-based assessment which included consideration of Mrs X’s application form and speaking with her over the phone.
22. The Council concluded its assessment and said she was not eligible for a Blue Badge. It said it had assessed her mobility following the Department for Transport guidance and that there was no evidence to suggest significant functional restrictions. It continued that there was no evidence to suggest Mrs X was limited in her ability to reliably walk at least 80 metres.
23. Although the Council refused Mrs X’s application, it gave her the opportunity to provide extra evidence which it was not aware of or information which the physiotherapist had not considered or was not qualified to measure. The Council said the evidence would need to be supported by a consultant or a specialist in Mrs X’s medical condition. It would need to explain how Mrs X’s condition affected her mobility.
24. Mrs X obtained a medical declaration from a specialist consultant. The consultant informed the Council that Mrs X had difficulty walking a long distance without pain but she was probably not eligible for a Blue Badge. However, the consultant asked the Council if it would consider issuing her a concessionary travel pass.
25. The Council wrote to Mrs X. It said it had considered all the evidence including the medical declaration from the consultant. It refused her request for a Blue Badge and for a concessionary travel pass. The Council said for Mrs X to be eligible for a concessionary travel pass, she would have to meet the criteria of Higher Rate of the Mobility Component of the Disability Living Allowance or of Personal Independence Payment with eight points or more under the “moving around” activity of the mobility component. The Council added that her condition must be permanent and substantial.
26. The Council concluded that this was its final decision and the last stage of its assessment process. It told her if her condition worsened or changed, she could apply again after six months.
27. Mrs X remained unhappy with the Council’s decision and complained to us.

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Findings

28. The Council assessed Mrs X’s application for a Blue Badge in line with the Department for Transport guidance. The information from Mrs X’s application, the assessment conducted by the physiotherapist and the supporting information from the consultant shows Mrs X can reliably walk at least 80 metres. The Council assessed her application appropriately and was not at fault.
29. The Council assessed Mrs X’s application with its own developed desk-based practice. The Department for Transport guidance does not state a Blue Badge assessment must be conducted face-to-face. I find no fault with how the Council assessed Mrs X’s application.
30. The Council assessed Mrs X for a concessionary travel pass in line with the Department for Transport guidance. Based on the Council’s Blue Badge assessment for Mrs X, it considered the following factors:
• Mrs X was not in receipt of Higher Rate of the Mobility Component of the Disability Living Allowance and that her condition was not at a comparable level which is required to claim this benefit.
• Mrs X was not in receipt of Personal Independent Payment with eight points or more under the “moving around” activity of the mobility component nor was her mobility at a level which meant she would meet the criteria for this.
31. The Council assessed Mrs X’s application for a concessionary travel pass appropriately and was not at fault.

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Final decision

32. I have now completed my investigation. I have seen no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman