Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because there is insufficient evidence of 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. We investigate 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), as amended, section 34(B))
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 information provided by Mrs X, her representative and the Council. This includes the application, supporting evidence and decision. I also considered our Assessment Code.

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My assessment

5. People may 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 government 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. People may also qualify for a badge if they have a serious disability in both arms and cannot use a parking meter.
8. The guidance recommends councils use an independent assessor to determine eligibility rather than relying on evidence from the person’s doctor. Assessments are often carried out through an in-person mobility assessment.
9. Mrs X has a severe disability in one arm. She also reports some lower limb problems. Mrs X applied for a badge. She reported pain on walking short distances and said she was afraid of injury if she falls.
10. The Council arranged for a physiotherapist to do a mobility assessment. The assessor noted Mrs X’s medical issues, that she takes no prescribed drugs, and has no history of falls. It was noted that although Mrs X experiences symptoms of over-use in the unaffected arm she does not have any treatment for these issues. The assessor watched Mrs X walk 80 metres with a mild limp but at a steady pace and showing no shortness of breath. Mrs X was recorded at walking at a slow/normal speed with no aids. The assessor noted that Mrs X walks her dog for about 15 minutes. The Council decided Mrs X does not qualify for a badge.
11. We will not investigate this complaint because it is unlikely we would find fault. We are not an appeal body and can only consider if there is fault in the way the Council has made a decision. We have no power to issue a badge and it is not our role to decide if Mrs X is eligible for a badge.
12. The Council considered the information Mrs X provided 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. The decision to refuse a badge is consistent with the guidance because Mrs X walked 80 metres and speed is not a qualifying factor when considered in isolation. In addition, while I can appreciate Mrs X has a fear of falling, she did not report any falls and the guidance in relation to applications from people with a severe disability in both arms, does not list fear of falling as a qualifying factor.
13. Mrs X is unhappy the Council did a mobility assessment rather than relying on her supporting medical evidence. However, doing an assessment reflects the guidance and does not amount to fault.
14. I acknowledge Mrs X disagrees with the Council’s decision 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

15. 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