Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, M X, disagrees with the Council’s decision not to renew his Blue Badge. He says the Council did not properly consider the application and has refused it because he is at university. Mr X says nothing has changed since the Council issued a badge three years ago and says it should be renewed.

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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 Mr X’s representative and the Council. This includes the application, medical 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. People with a non-physical disability (sometimes called a hidden disability) might qualify if they experience considerable psychological distress when walking or pose a risk to themselves or others. People also qualify if they get specific points with a benefit called Personal Independence Payment (PIP).
6. Mr X applied for a Blue Badge and submitted medical evidence relating to his hidden disability. The Council completed an assessment. The assessment notes show the Council considered Mr X’s application, medical evidence, appeal and the Blue Badge rules. The Council cross-referenced the evidence with the qualifying criteria and agreed Mr X experiences a degree of difficulty when travelling. But, it decided the evidence does not show his difficulties are to the extent that he qualifies for a badge under the hidden disability rules. The Council requires applicants to score 12 points to qualify for a badge. Mr X initially scored six points but the Council increased the score to 11 on appeal.
7. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and I can only consider if there is fault in the way the Council makes a decision. I have no power to award a badge and it is not my role to re-assess the claim or decide if Mr X is eligible for a badge.
8. I have not seen any evidence to indicate the Council did not properly consider the application. The decision it reached flows from the evidence and the Council has referred to the information Mr X provided and the medical evidence. The Council did not refuse the application simply because Mr X is studying but concluded this shows he does not have a degree of cognitive impairment which significantly affects his ability to travel. It did, however, accept he has some problems which is why it awarded 11 points. The score was increased on appeal which demonstrates the application was not just dismissed.
9. Mr X says nothing has changed since the Council awarded a badge three years ago. However, each application is a fresh application and is assessed on its own merits. A council may award a badge but that is no guarantee of further awards.
10. Mr X has pointed out that he receives PIP. But, he does not receive the level of PIP that would passport him to a badge and the problems recognised by the PIP award have been accepted as part of the Council’s assessment.
11. I appreciate Mr X disagrees with the decision and may find life more difficult now that he no longer has a badge. But, I have not seen any fault in the way the Council made the decision so there is no reason to start an investigation.

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Final decision

12. 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