Summary: We will not investigate this complaint about the Council’s refusal to issue a Blue Badge. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to issue a Blue Badge for his relative, Mrs Y.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. It does this by allowing them, or their carer, to park near their destination. Councils are responsible for the day-to-day administration of the scheme in their area. This includes assessing applicants eligibility for a Blue Badge.
7. The DfT Blue Badge scheme 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 consider factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
8. Mrs Y applied for a Blue Badge. The Council assessed Mrs Y’s application which included a face to face mobility assessment. The assessor considered Mrs Y’s medical information. They also observed Mrs Y walking more than 80m and without considerable difficulty.
9. We will not investigate this complaint as it is unlikely we would find fault. Mr X states Mrs Y applied for a Blue Badge due to difficulty getting in and out of a car in tight spaces, not because she was unable to walk short distances. However, getting in and out of a car is not part of the blue badge eligibility criteria. We would not criticise the Council for not considering this as part of its assessment. The Council’s decision appears in line with the criteria set out in the Blue Badge guidance and so we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman