Derby City Council (23 006 265)

Category : Adult care services > Transport

Decision : Upheld

Decision date : 09 Oct 2023

The Ombudsman's final decision:

Summary: The Council was at fault for a delay in assessing Mrs B’s disabled parking badge application, which she made on behalf of her daughter. It has agreed to assess the application soon, and to make a small, symbolic payment to recognise Mrs B’s daughter’s injustice.

The complaint

  1. The complainant, whom I refer to as Mrs B, complains that the Council has delayed assessing her daughter, C, for a disabled parking badge.
  2. Mrs B says C has been put at a disadvantage because she is autistic, rather than physically disabled. She wants the Council to assess C and to improve its service.

Back to top

The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. 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)

Back to top

How I considered this complaint

  1. I considered information from the Council and Mrs B.
  2. Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

  1. Mrs B applied for a disabled parking badge (a ‘blue badge’) in February 2023. The Council told her it would take 12-16 weeks to process her application.
  2. After around 17 weeks, Mrs B complained. She took her complaint through both stages of the Council’s complaints procedure.
  1. The Council accepted that it needs to process applications more quickly. It told Mrs B that it had:
    • applied for more resources to deal with its backlog of applications; and
    • made arrangements for staff training on ‘hidden disabilities’ assessments, so it does not have to refer as many applications for specialist assessments (which is what happened in C’s case).
  2. The Council tells us it will assess Mrs B’s application in October (around 33 weeks after she applied).

My findings

  1. The Council is at fault for taking much longer to assess Mrs B’s application than it said it would.
  2. This has caused C an injustice. The delay to the assessment is likely to have caused her avoidable distress.
  3. The Council has apologised and said it will assess Mrs B’s application soon. It should ensure that it does so. It should also make a small, symbolic payment to recognise C’s injustice.
  4. The Council has told us what it has done to try and avoid similar delays in future. I am satisfied that it has considered this issue and taken action.

Back to top

Agreed actions

  1. Within four weeks, the Council has agreed to:
    • Assess Mrs B’s application for a blue badge for C.
    • Make a symbolic payment of £150 to Mrs B, on C’s behalf, to recognise C’s injustice from its delay to her blue badge assessment.
    • Provide us with evidence it has done these things.

Back to top

Final decision

  1. The Council was at fault for a delay in assessing Mrs B’s blue badge application.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings