Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council will reconsider the application and do a face-to-face mobility assessment.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision to reject her application for a Blue Badge. Ms X says the Council only did a phone assessment which she says was inadequate. Ms X would like the Council to do a more detailed assessment.

Back to top

The Ombudsman’s role and powers

2. 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 the Council offers a fair way to settle the complaint. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes her application, medical evidence and the Council’s decision. I also considered our Assessment Code.

Back to top

My assessment

4. People qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
5. The guidance says that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
6. Ms X applied for a Blue Badge. The Council did a telephone assessment and considered information from Ms X’s consultant which says she does not qualify for a badge. Ms X had also explained that she regularly falls, has balance problems and has to stop frequently when walking.
7. The Council decided not to award a badge.
8. Ms X disagrees with the Council’s decision. She says the Council ignored her falls and balance problems and only considered how far she can walk. She does not think a phone assessment is adequate.
9. I asked the Council if it would offer a face-to-face mobility assessment. The Council agreed and has sent Ms X an appointment in August.
10. I will not investigate this complaint because the Council will reconsider the application and do a face-to-face mobility assessment. This is not a guarantee the Council will award a badge but it will give Ms X another chance to explain her mobility problems and the Council can assess her walking in more detail. In addition, we have no power to award a badge and cannot decide if someone is entitled to a badge.

Back to top

Final decision

11. We will not investigate this complaint because the Council will do a face-to-face mobility assessment.

Back to top

Investigator's decision on behalf of the Ombudsman