Derby City Council (23 006 265)
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
- The complainant, whom I refer to as Mrs B, complains that the Council has delayed assessing her daughter, C, for a disabled parking badge.
- 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.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information from the Council and Mrs B.
- Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- 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.
- After around 17 weeks, Mrs B complained. She took her complaint through both stages of the Council’s complaints procedure.
- 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).
- The Council tells us it will assess Mrs B’s application in October (around 33 weeks after she applied).
My findings
- The Council is at fault for taking much longer to assess Mrs B’s application than it said it would.
- This has caused C an injustice. The delay to the assessment is likely to have caused her avoidable distress.
- 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.
- 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.
Agreed actions
- 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.
Final decision
- 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
Investigator's decision on behalf of the Ombudsman