Trafford Council (21 010 920)

Category : Adult care services > Transport

Decision : Not upheld

Decision date : 10 Apr 2022

The Ombudsman's final decision:

Summary: Mrs B complained about the Council’s refusal to award her a Blue Badge. During the investigation she applied again with new evidence and her application was successful. We have discontinued the investigation as the complaint is resolved.

The complaint

  1. Mrs B complains that Trafford Council (the Council) failed to properly assess her walking ability for a Blue Badge renewal application. In particular, she says she did not walk 80 metres during the mobility assessment. This has caused her significant distress and difficulty in accessing shops and other places independently.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
  2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

  1. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mrs 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

Blue badge scheme

  1. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services by allowing them or a carer to park near their destination. The scheme gives parking concessions to Blue Badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing applicants’ eligibility for the badge.
  2. If a person does not qualify on one of the automatic grounds, the Council has to decide whether they qualify for another reason, including whether they have a permanent and substantial physical or hidden disability that causes an inability to walk or very considerable difficulty in walking.

What happened

  1. Mrs B applied to the Council for a Blue Badge as her existing one was due to expire. She has some health conditions which affect her ability to walk. The Council invited her to a mobility assessment so an independent person could assess her walking ability.
  2. The assessor said they observed her walk 80 metres at a slow pace with a limp, but no rests and no shortness of breath. They concluded she could walk 30 to 80 metres with some limitation and moderate signs of pain. On the basis of the assessment the Council concluded she did not qualify for a Blue badge.
  3. Mrs B appealed saying she did not walk that far. The Council requested medical evidence and she sent in a letter from her GP. The Council refused her appeal saying that the information provided by the GP was inconsistent with the outcome of the mobility assessment.
  4. Mrs B complained to us. During our investigation Mrs B applied again providing new medical evidence. The Council awarded her a Blue Badge.
  5. Mrs B is satisfied with the outcome.

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Final decision

  1. I have discontinued my investigation as the Council has resolved the complaint and Mrs B is satisfied with the outcome.

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Investigator's decision on behalf of the Ombudsman

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