Kirklees Metropolitan Borough Council (22 014 663)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 20 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s wife’s blue badge and disabled bus pass renewal. This is because there is insufficient evidence of fault with the Council’s actions.
The complaint
- Mr X complains about the Council’s handling of his wife’s blue badge and disabled bus pass renewal. He says the Council did not renew them for the maximum time possible.
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, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s wife, Mrs X, applied for the renewal of her blue badge in January 2022. Mrs X’s personal independence payment (PIP) award was due for a review in April 2023. The Council issued Mrs X’s new blue badge, but it was only valid up to April 2023, rather than for three years.
- The Council explained it acted in accordance with blue badge guidance when it did this. Blue badge guidance notes there are two types of eligibility criteria for a blue badge to be awarded. Type one is ‘eligible without further assessment’, also referred to as automatic eligibility. Mrs X is eligible under this criteria as she receives the mobility component of PIP and obtained 8 points or more under the “moving around” activity. The blue badge guidance is also clear that PIP awards are subject to review and so old award letters may not be reliable indicators of current eligibility.
- When the Council renewed Mrs X’s disabled bus pass, it also only renewed it up to the date of when her PIP review was due. The Council said this was in line with its policy.
- An investigation is not justified as we are not likely to find fault with the Council’s decision not to renew Mrs X’s blue badge and disabled bus pass for the maximum timeframe. This is because the Council could not assume Mrs X’s PIP award would remain the same following the review. Therefore, it was appropriate for the Council to only provide the documents up to the date the PIP was due to be reviewed. This action was in line with blue badge guidance and its policy.
- The Council also provided Mrs X with appropriate information when it explained to her she could renew her blue badge again once her PIP review was completed. The Council also offered to waive the application fee and to take the application over the phone to assist.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman