Summary: We will not investigate this complaint about an application for a Blue Badge because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to issue a Blue Badge.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the application, medical evidence and mobility assessment. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

5. 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.
6. 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. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.
7. Needing to open a car door as wide as possible is not a qualifying factor for a badge.
8. Mrs X applied for a badge. She has a condition that affects many of her joints. Mrs X supplied medical evidence to support the application.
9. The Council considered the medical evidence and did a mobility assessment. The assessor noted Mrs X’s medical problems, her medication and explored pain, falls and walking aids. The assessor watched Mrs X walk 90 metres, at a slow speed, and noted she has mild difficulty walking and showed mild signs of discomfort. The assessor did not see any shortness of breath. The assessor noted that the medical evidence stated Mrs X had significant pain when walking more than 100 metres.
10. The Council accepted Mrs X has some difficulty walking but found the difficulty does not meet the threshold to qualify for a badge.
11. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I cannot award a badge and it is not my role to decide if Mrs X should qualify for a badge.
12. The Council considered the information Mrs X provided on her application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point and the views were cross-referenced with the medical evidence. The decision to refuse a badge is consistent with the guidance because Mrs X walked more than 80 metres and speed is not a qualifying factor when considered in isolation. In addition, a need to fully open a car door is not a qualifying route for a badge. Mrs X says this is a qualifying factor for her, but the Council has to follow the national rules and cannot award a badge for an issue which does not form part of the qualifying conditions.
13. I appreciate Mrs X disagrees with the decision and says she needs a car to maintain her independence. But, I have not seen any suggestion of fault in the way the Council reached its decision so there is no reason to start an investigation.

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Final decision

14. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman