Summary: Miss X made an application for a blue badge which was declined by the Council. Miss X disagreed with the decision and complains the Council did not fully consider all the medical evidence she presented. We did not find fault with the assessment. But we find fault with the delay in the Council refunding the application fee. However the injustice caused by this was not such as to justify a remedy.

The complaint

1. Miss X made an application for a blue badge which the Council declined.
2. Miss X appealed the decision and sent in further medical evidence to prove she needs a blue badge.
3. The appeal was unsuccessful. Miss X disagrees with the decision and complains the Council did not fully consider all the medical evidence she presented.
4. Miss X would like the fee refunded and for her application to be successful so she can have a blue badge.

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The Ombudsman’s role and powers

5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
6. 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

7. I have considered Miss X’s complaint and supporting information and have spoken to her about the complaint.
8. I have considered the Council’s response to Miss X and to my enquiries.
9. Miss X and the Council had an opportunity to comment on my draft decision.

What I found

10. The Blue Badge scheme is a statutory scheme managed by Local Authorities. It gives free and dedicated parking close to amenities for drivers and passengers who have an enduring and substantial disability which causes mobility-related difficulties, or who are blind. Blue Badge holders can park on yellow lines for up to three hours and are also exempt from the central London congestion charge.
11. In June 2019, the Department for Transport published updated guidance Blue Badge Scheme Local Authority Guidance (England), which includes reference to those with “hidden disabilities”.
12. In this guidance the Department for Transport identifies two different types of eligibility; ‘eligible without further assessment’ where there is automatic eligibility, and ‘eligible subject to further assessment’, where further consideration is needed. The latter applies to Miss X.
13. The Department of Transport criteria for eligibility subject to further assessment, are for the person applying for a blue badge to be certified by an expert assessor, as having an “enduring and substantial disability which causes them, during the course of a journey, to:

(i) be unable to walk;

(ii) experience very considerable difficulty whilst walking, which may include very considerable psychological distress; or

(iii) be at risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person.” (Council Eligibility Policy Statement, February 2021 paragraph 4.2.5)

14. It is up to the applicant to provide evidence to show that their medical conditions or disabilities meet the eligibility criteria.

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What happened

15. Miss X applied for a blue badge on two grounds; hidden disability and physical mobility.
16. Miss X put her medical conditions on the application, and provided a letter showing a diagnosis, a letter regarding her PIP (Personal Independence Payment), a referral letter and photographs of her medication.
17. As Miss X did not automatically qualify for a blue badge, the Council considered her application under the ‘subject to further assessment’ criteria.
18. The Council say it was unclear from her application whether she was applying under nonvisible or visible disability. Miss X was not eligible under the walking criteria shown on her PIP form she sent to evidence her claim.
19. The Council used a point scoring system for the hidden disability part of her application, and Miss X did not score enough points to qualify for a blue badge.
20. The Council rejected her application saying while Miss X may have difficulties that impact on her ability to make a journey, her assessment did not meet the criteria.
21. Miss X requested an appeal, so the Council sent her an appeal letter, setting out what she needed to provide as evidence for her application.
22. Miss X appealed the decision, providing further medical evidence about her ADHD.
23. An expert assessor interviewed Miss X over the telephone in October, so the Council fulfilled their duty in paragraph 12 above.
24. In the telephone call Miss X said she “has several panic attacks a month, and can be up to three a week on a bad week.” However her panic attacks “do not occur more often than not on a journey”.
25. Miss X reported pain walking and had a referral to a rheumatology clinic but did not have a formal diagnosis.
26. Again the Council used a points system, and an Occupational Therapist assessed Miss X. The Therapist looked at what was on the application form, the telephone conversation with the expert assessor, and the medical evidence provided. This was then checked with the Department for Transport Blue Badge Scheme Local Authority Guidance July 2019.
27. Miss X scored 1 point. To be eligible for a blue badge the score should be between 12 and 20 points.
28. The appeal was unsuccessful and the Council said the level of impairment did not meet the criteria to qualify for a blue badge on hidden disability grounds as:
• “she does not report having panic attacks on the majority of journeys
• the evidence submitted does not state that she has anxiety or PTSD
• there are no risks to self or other reported during travel.”

Analysis

29. The Council had to assess Miss X’s application on both hidden disability and physical mobility grounds.
30. Having looked at the documents provided, it is clear the Council gave due consideration to the hidden disability part of Miss X’s application. The Council followed the procedures in place and I can find no evidence of fault with the scoring system.
31. For the physical mobility part of the application Miss X had to prove she has an “enduring and substantial disability which causes mobility related difficulties”.
32. I accept Miss X has mobility problems, but she has not yet got a formal diagnosis. She failed to provide the proof set out in the Council’s appeal letter needed for the application. I can find no evidence of fault with how the Council assessed Miss X’s application.
33. The Council have now refunded the fee to Miss X for the application. This is fault as there was a delay in providing the refund, most likely completed once I had sent enquiries to the Council. Any injustice to Miss X from the delay is not sufficient for me to recommend the Councill take any further action.

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Final decision

34. I do not find fault with the Council’s assessment of Ms X’s Blue Badge application. I find fault with the Council for the delay in the refund of the application fee. However, the injustice caused by this was not such as to justify a remedy.

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Investigator's decision on behalf of the Ombudsman