Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a Bleu Badge. This is because the Council will reconsider the application and carry out a face-to-face mobility assessment.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision that she does not qualify for a Blue Badge. Ms X feels the Council has failed to understand her medical condition.

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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 we decide the Council has offered a fair response. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

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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 and supplied supporting medical evidence. The Council assessed the evidence and decided there was insufficient evidence that Ms X qualifies for a badge.
7. In response to my enquiries the Council said it would reconsider the application and offer a face-to- face mobility assessment.
8. We have no power to award a badge or decide if someone if eligible for a badge. I will not investigate this complaint because the Council will reconsider the application and offer a face-to-face mobility. This is a fair way to settle the complaint because Ms X will have another opportunity to explain how her mobility is affected by her condition and the Council will have the chance to assess the application in person.
9. In addition, even if we started an investigation, it is unlikely we could achieve anything more as an outcome. It will, however, remain for the Council to decide if Ms X qualifies for a badge after the in-person mobility assessment.

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Final decision

10. We will not investigate this complaint because the Council has offered to reassess the application and carry out a face-to-face mobility assessment.

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Investigator's decision on behalf of the Ombudsman