Summary: Mrs X complained about the Council’s consideration of her application to renew her blue disabled parking badge. We have not found fault with how the Council assessed and decided on the application.

The complaint

1. Mrs X complains the Council has not properly considered the special circumstances linked to the renewal of her blue badge for disabled parking. She is unhappy the Council insisted she provided a photograph before it would re-issue her badge even though she has valid reasons for not feeling she was able to provide one.
2. Mrs X says this has caused her distress and frustration and that she lost out on the opportunity to use her badge to access the community and live a full life.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)

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How I considered this complaint

5. I have considered all the information Mrs X provided and discussed this complaint with her. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
6. Mrs X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

The Blue Badge Scheme

7. 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. The scheme gives parking concessions to Blue Badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing applicants’ eligibility for the badge.

Blue badge scheme local authority guidance

8. In 2014 the DfT issued guidance (the guidance) to councils for providing blue badges. The guidance is non-statutory which means that councils are not legally obliged to adopt it. In practice, however, most councils do follow it.
9. Section 3.32 states the photograph on the badge is a key feature in reducing abuse of the scheme and enabling effective enforcement.
10. Section 3.33 states that each applicant should be asked to supply one passport-sized and passport standard photograph clearly showing their full face so that they can be easily identified.
11. Section 3.36 states the photograph must be a close-up, digital photograph of the head and shoulders of the badge holder. The photograph should have a strong definition between face and background. 
12. Section 3.38 states that a photograph of the badge holder must be displayed on the badge and a photograph should also be kept on the individual’s file. The only circumstance in which a photograph of the holder does not have to be displayed on a badge issued to an individual, is in the case of an eligible disabled person with a terminal illness. This is if the issuing local authority is satisfied that the estimated life expectancy of that person is less than 6 months.

The Council’s procedure and online form

13. The Council does not have a specific policy linked to the administration of blue badges. It follows the non-statutory guidance issued by the DfT and referenced above.
14. The Council’s online form for renewal of a blue badge states;
• that a new photograph must be provided;
• photographs from previous badges cannot be used again; and
• the new photograph must have been taken in the last six months.

What happened

15. Mrs X has had a blue badge for some time. At the beginning of February 2024, a social prescriber (Ms J) advocating on behalf of Mrs X applied online to the Council to renew Mrs X’s existing blue badge. The existing badge was due to expire early in April 2024.
16. Towards the end of March 2024, the Council rejected Mrs X’s application. It said the photograph provided was not acceptable as it had been taken too close up, was blurry and had another person in the background.
17. At the end of March, Ms J contacted the Council about the issues with the photograph provided. She explained that due to her health needs, Mrs X felt unable to provide a recent, clear and full-face picture for the renewal. Ms J asked if the Council could extend the validity date on the current badge as Mrs X expected her health need concerns to be addressed in the summer of 2024. Mrs X felt she would be able to provide a full, clear face picture on any future applications.
18. At the end of March 2024, the Council replied to Ms J to advise it could not grant her request to extend the existing badge past April 2024. It cited the guidance and said the only time a photograph of the holder did not have to be displayed on a badge was when the person had a terminal illness. This does not apply to Mrs X’s circumstances.
19. The Council commented that from the use of her current blue badge, Mrs X would be aware that when the badge itself was on display, the photograph could not be seen by anyone.
20. The Council said it was sympathetic to Mrs X’s concerns but that officers had acted correctly and in line with the DfT guidance. The Council the signposted Mrs X to the Ombudsman.
21. Mrs X’s badge then expired in April 2024, as scheduled.
22. Early in July 2024, Mrs X submitted a new application for renewal and provided the Council with an up-to-date photograph that met the requirements for a badge to be issued.
23. Towards the end of August 2024, the Council ordered Mrs X’s badge with its suppliers and this was sent to her at the beginning of September 2024.

Analysis

24. As part of my enquiries, I asked the Council if it had exercised discretion to consider, outside of the guidance, whether it should offer to renew Mrs X’s blue badge in the circumstances of the health needs she had presented to it.
25. The Council re-iterated that it follows the guidance when reviewing applications for a blue badge renewal and felt it had done so in Mrs X’s case.
26. The Council also re-iterated that when correctly displayed in a vehicle, the photograph itself cannot be seen by anyone passing by as the photograph is on the other side of the pass to that which must be displayed.
27. On this basis, and in the circumstances of this complaint, I am satisfied this demonstrates the Council sufficiently considered Mrs X’s individual case when deciding to follow the guidance and not extend her existing pass or allow one without a photograph. I therefore find no fault in the actions of the Council in making the decision it did.

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Final decision

I have now completed my investigation. I do not uphold this complaint as there is no fault on the part of the Council in how it decided on Mrs X’s application.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman