Southampton City Council (21 016 745)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 25 Apr 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the duration of the complainant’s Blue Badge award. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mr X, complains the Council issued a Blue Badge for less than three years.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Department for Work and Pensions (DWP). (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the complaint correspondence and Blue Badge rules. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
- People who receive certain elements of Personal Independence Payment (PIP) qualify for a Blue Badge without further assessment. The rules say a badge is usually awarded for three years but when it has been issued due to a PIP award the badge must expire when the PIP expires.
- In February 2021 Mr X applied to renew his Blue Badge. He provided evidence of his PIP award which was due to expire in January 2022. The Council awarded a badge until January 2022.
- Mr X’s PIP award was reviewed and renewed in February 2021 by the DWP.
- Mr X applied to renew his Blue Badge in October 2021 and provided evidence of his renewed PIP award. The Council renewed the badge until 2024.
- Mr X says he will have the same problem in 2024. He has accused the Council of discrimination and says the DWP has refused to renew his PIP early.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. When Mr X renewed his badge in 2021 the evidence he provided showed the PIP was due to expire in January 2022. The rules say a council cannot award a badge beyond the expiry date of the PIP. The Council’s decision to issue a badge until January 2022 is consistent with the policy so there is no reason to start an investigation.
- I appreciate Mr X would like the Blue Badge and PIP renewals to be in sync. But, that is not something the Council can achieve. The Council can only continue to issue a badge in accordance with a valid PIP award which Mr X submits as evidence with each Blue Badge renewal.
- I cannot comment on the DWP decision not to renew the PIP early as we have no power to investigate the DWP.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman