Summary: The Council failed to properly consider Ms X’s application to renew her blue badge

The complaint

1. Ms X complains about the way the Council dealt with her application to renew her blue badge.

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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 an organisation’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 have considered all the information provided by Ms X together with the Council’s response to the complaint and information it provided in response to our initial enquiries. Both parties have had the opportunity to comment on a draft of this document, and all comments have been considered.

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What I found

The Blue Badge scheme

5. The Blue Badge scheme is to help disabled people with severe mobility problems access goods and services by allowing them to park near their destination. The scheme provides parking concessions for blue badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing whether people are eligible for a badge.
6. New rules came into force on 30 August 2019. These are designed to make it easier for people with problems that are not exclusively linked to the physical act of walking to qualify for a badge.

Key Facts

7. Ms X had been granted a blue badge for the past nine years. She has both mental and physical health issues. She experiences ‘extreme panic disorder, for which she takes prescribed medication and receives regular therapy.
8. Ms X submitted a renewal application to the Council in March 2022. She completed the application online. As it was a renewal and there was no change in her condition she did not upload any supporting evidence. I have had sight of the application form. Ms X confirms she is applying under the non-visible criteria and sets out her mental health issues and the difficulties that arise from this. She gives the contact details of her GP and details of medication and the regular therapy she receives.
9. I have had sight of the assessor’s summary and decision notes. This shows Ms X was awarded 5 points for ‘behavioural’ only. No points were awarded for communication skills, cognitive ability or being able to travel independently. The assessor concluded no information had “…been provided that indicated issues with cognitive ability, memory and hazard awareness”. The assessor noted Ms X had fibromyalgia and that no information about how this affected mobility had been provided.
10. The Council wrote to Ms X on 22 March 2022 to inform her the application had been refused. It suggested she reapply and give more information about her physical and mental health. Ms X resubmitted her application but did not provide supporting evidence.
11. The Council rejected the appeal and wrote to Ms X on 3 May 2022 explaining the basis for its decision. I have had sight of a copy of this letter. The author says, “We have not been able to demonstrate that the effects of your condition meet the threshold of causing you ‘to experience considerable difficulty whilst walking’. Anxiety and Fibromyalgia are reported however please note that eligibility for the Blue Badge Scheme is not solely determined by the presence or absence of any particular diagnosis or condition”.
12. Ms X says she was distraught and consulted her GP, who advised her to contact this office.

Analysis

13. It is not my role to decide whether Ms X is eligible for a blue badge or give a view about the degree to which she meets the relevant criteria. My role is to consider whether the Council followed the correct process in coming to a decision.
14. I am not persuaded the Council has considered Ms X’s application properly.
15. The Guidance (4.48) says an applicant must show that the condition means they cannot access goods or services unless allowed to park close to shops. Ms X says she cannot access shops unless she can park outside otherwise she experiences severe panic attacks. The Council has not demonstrated it properly considered this. It focused only the physical act of walking.
16. The non-visible disabilities category includes anxiety disorders. Considerable difficulty walking can include psychological distress and that appears to be what Ms X was describing. I am unclear how the Council concluded Ms X did not experience considerable psychological distress without further information.
17. Ms X acknowledges she did not provide supporting information.
18. The Council failed to properly explain to Ms X that the information she provided was insufficient and it failed to offer her the opportunity to provide more information. Instead, it asked her to resubmit the application, which she did. It then refused the application and gave little in the way of reasoning. I note there was no offer of a face-to-face assessment or a mobility assessment.
19. In any event there was no need for Ms X to resubmit her application the Council could have explained to Ms X the nature of supporting information required.
20. The Council’s fault caused Ms X an injustice because she was denied the opportunity of having her application for a blue badge properly considered.

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Agreed action

21. The Council will within four weeks of the final decision:

• apologise to Ms X for the faults highlighted above, and;
• review Ms X’s application and offer her the opportunity to provide more information/evidence. It should then consider what if anything has changed since the last application. If there is any doubt, then it should offer a face-face assessment and a mobility assessment;
• provide evidence of the above to this office.

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Final decision

22. The Council failed to properly consider Ms X’s application to renew her blue badge.
23. The above recommendations above are a suitable way to settle the complaint.
24. It is on this basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman