Summary: Mrs X complained the Council wrongly refused to issue her a blue badge, based on an incorrect mobility report. The Council was not at fault. It assessed her eligibility in line with government guidance.

The complaint

1. Mrs X complained the Council wrongly refused to issue her a blue badge, based on an incorrect mobility assessment report. Mrs X said the decision negatively affected her mental health. She wanted the decision to be reversed so she could regain her independence.

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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. 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)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint and the information she provided.
5. I considered the supporting documents the Council provided.
6. I considered the Council's policies and relevant law and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

8. Blue badges enable people with a severe disability to park where restrictions would normally apply. Government guidance sets out criteria for a blue badge.
9. Government guidance says an applicant must have a ‘permanent and substantial disability that causes inability to walk or very considerable difficulty in walking.’
10. Some people, who receive certain disability benefits, are automatically entitled to a badge.
11. If they are not automatically entitled, the council may carry out a mobility assessment with an expert assessor whose role is to determine whether the applicant has an enduring and substantial disability which causes them to:
• be unable to walk;
• experience very considerable difficulty while walking, including very considerable psychological distress; or
• be at risk of serious harm while walking or pose a risk of serious harm to another person.
12. Government guidance on blue badges (paragraph 4.46) sets out factors relevant in deciding whether an applicant meets the criteria, including:
• the level of pain experienced by an individual when they are walking, or as a consequence of walking;
• the degree of breathlessness they incur when, or as a result of, walking;
• the distance over which an individual is able to walk;
• the speed at which an individual is able to walk;
• the length of time that an individual is able to walk for;
• the manner in which the applicant walks;
• an applicant’s use of walking aids; and
• the applicant’s outdoor walking ability.
13. Applicants who can walk 80 metres or more and do not demonstrate very considerable difficulty walking through any other of the factors listed above, would not be eligible (paragraph 4.50).
14. Guidance explains it is for each council to adopt an assessment approach which complies with the law (paragraph 4.60).
15. The Council’s process is to complete an in-person assessment in some cases using a standard form with questions based on the criteria in paragraph 12 above and points scored depending on the applicant’s answers. If an applicant is unsuccessful, they can appeal and the appeal is dealt with by a different assessor.

What happened

16. Mrs X suffers from knee pain, extreme fatigue and exhaustion causing shortness of breath, vertigo causing a history of falls and uses a walking aid.
17. In early November 2022 Mrs X applied to the Council to issue a disabled parking badge (a blue badge) and sent supporting medical documents.
18. In mid-December 2022 the Council carried out a telephone assessment with Mrs X. The telephone assessment record said:
• x-ray results confirmed Mrs X had knee arthritis (joint pain) and osteoporosis (weak bones);
• Mrs X had not provided medical evidence or medication for vertigo but she suffered from falls because of her vertigo. The vertigo was a temporary condition and would have been considered if it had lasted for over six months;
• she could walk about 100 metres;
• she used grab rails and a walking stick; and
• she struggled with stairs and was breathless.
19. The Council decided the evidence was inconclusive and recommended it carried out an in-person assessment.
20. In late December 2022 the Council assessed Mrs X in its clinic. She scored 17; a score of 18 or more would have made Mrs X eligible for a disabled parking badge. The Council noted that Mrs X:
• had osteoarthritis and osteoporosis in her right knee, less severe osteoarthritis in her left knee, vertigo and extreme fatigue and exhaustion, with shortness of breath when fatigued;
• took medication to control the pain;
• took medication and had exercises for vertigo;
• always used a walking aid and could walk 100 metres but stopped after 50 metres for a 15 minute rest;
• walked at a very slow pace, 50 metres in four minutes, which was 12 metres per minute;
• had moderate difficulty with outdoor walking and significant difficulty with kerbs and inclines;
• had pronounced signs of discomfort when walking in her right knee;
• had moderate signs of pain when walking; and
• had no shortness of breath.
21. The Council refused Mrs X’s application for a disabled parking badge because it said her mobility impairment was not severe enough to qualify for a blue badge.
22. Mrs X appealed the decision in early February 2023. She said:
• the assessor did not give a score for ‘manner of walking’ and she thought she had moderate difficulty, especially on uneven surfaces and slopes;
• she could not walk and talk on the stairs due to pain in her knee and had breathlessness and struggled to keep balance;
• the assessor scored 0 for breathing which she disagreed with;
• the assessor did not see her walking on a slope and should have awarded a higher score;
• the assessor underestimated the effect of fatigue on her ability to move and she needed to stop frequently;
• the assessor said she did not need strong medication for her knee pain. She said she asked her doctor for stronger medication but the doctor was hesitant to prescribe an opioid medication, but it did not mean she did not need the medication;
• she had to rely on her husband to provide transport; and
• she provided a doctor’s letter in support of her appeal.
23. The doctor’s letter confirmed Mrs X suffered from arthritis and vertigo and the knee osteoarthritis affected her mobility and she depended on her husband for transport.
24. In late February 2023 the Council carried out a reassessment. The assessor noted:
• Mrs X provided medical evidence, confirming arthritis in her knees;
• Mrs X said she could walk around 300 feet (around 100 metres) to a local road using a walking stick and took moderate pain relief;
• Mrs X said she was breathless and fatigued but did not state any diagnosis that would explain it;
• vertigo normally resolved within a few weeks or months;
• they calculated Mrs X scored 13 points overall. Mrs X needed 17 points or more for a blue badge approval; and
• based on Mrs X’s evidence, they could not conclude Mrs X had an enduring and substantial disability and so she was not eligible for a blue badge at that time.
25. The next day the Council emailed Mrs X and explained her request for a blue badge had been unsuccessful. Mrs X did not meet the required points threshold for a disabled parking badge. The Council gave Mrs X our details. Mrs X remained unhappy and complained to us.

My findings

26. We are not an appeal body. If there was no fault in the decision-making process, we cannot comment on the decision reached. The blue badge guidance gives councils discretion in conducting assessments and this includes how much weight to give evidence and how to assess symptoms which fluctuate.
27. I have not found fault with the Council. I am satisfied it followed the guidance and applied it correctly by conducting a telephone assessment and then arranging an assessment at a clinic to carry out a face to face mobility assessment. This included observing Mrs X walking and consideration of all the other factors impacting walking, including pain and breathlessness, as described in paragraph 12.
28. Mrs X said the assessment did not assess her walking on a slope but the face-to-face assessment noted she struggled with kerbs and inclines and scored her accordingly. The reassessment considered Mrs X’s breathlessness, fatigue and pain medication. The Council properly considered Mrs X's application and appeal in line with the Government guidance. As there was no fault in how the Council made its decision I cannot question the outcome.
29. If Mrs X’s condition deteriorates, it is open to her to reapply to the Council for a disabled parking badge.

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Final decision

30. I have completed my investigation finding no fault.

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Investigator's decision on behalf of the Ombudsman