Essex County Council (24 005 941)

Category : Adult care services > Transport

Decision : Not upheld

Decision date : 03 Apr 2025

The Ombudsman's final decision:

Summary: Mr X complained about the way the Council handled his application for a Blue Badge that delayed him receiving the Badge. We found that whilst it took many months to process Mr X’s application, this was not because of fault by the Council.

The complaint

  1. Mr X complains about the way the Council handled his application for a Blue Badge, causing an avoidable delay in receiving it.
  2. Mr X says the process caused him distress and he should have received his Blue Badge sooner.

Back to top

The Ombudsman’s role and powers

  1. 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)
  2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
  3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
  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)

Back to top

How I considered this complaint

  1. I considered the information provided by Mr X and discussed the complaint with him. I made enquiries of the Council and considered its response. I also considered information provided by the Council I response to an earlier draft decision.
  2. Mr X and the Council had the opportunity to comment on my draft decision. I considered any comments before reaching a final decision.

Back to top

What I found

The Blue Badge Scheme

  1. 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. The scheme gives parking concessions to Blue Badge holders allowing them or thir carer to park nearer to their destination. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing applicants’ eligibility for the badge and its renewal.
  2. The Government website for applying and renewing Blue Badges states it can take up to 12 weeks for councils to make their decision. It says the applicant will need to provide:
  • a recent digital photo showing your head and shoulders;
  • proof of identity (such as a birth certificate, passport or driving licence);
  • proof of address (such as a council tax bill or government letter); and
  • proof of benefits (if you applicable).

The Council’s website

  1. The website provides information and guidance for applicants who applied for a Blue Badge before 24 January 2025. It states that, it can take up to 12 weeks to fully process the application. The time allowed is because the applicant may need to attend a mobility assessment, or the Council may require further evidence from the applicant.
  2. It also says if applicants do not provide the requires supporting evidence, this could cause further delay.

What happened

  1. Below is a chronology of key events. It is not meant to show everything that happened.
  2. Mr X made an application to the Council for a Blue Badge on 26 June 2023. He provided supporting medical evidence, copies of his passport, driving licence and a photograph.
  3. On 21 July 2023, the Council registered Mr X’s application on its electronic system. The Council sent Mr X an email stating his passport had expired and therefore his driving license could not be used as both proof of identity and proof of residential address. The Council also asked Mr X to provide a new photograph as the image originally provided was not of passport standard.
  4. Mr X sent a further copy of his driving license and a council tax statement. The Council received this on 23 August 2023 and uploaded both documents to Mr X’s application in October 2023. The Council asked Mr X to send a copy of a new photograph as this had not been provided.
  5. On 31 October 2023, the Council received three further photographs from Mr X. The Council checked the photographs on 8 January 2024. The Council said the images were not of passport standard and asked Mr X to provide a further photograph.
  6. On 18 December 2023, Mr X complained to the Council about delays in the handling of his application. The Council responded to the complaint and explained when considering Mr X’s application, it had complied with national guidance issued by the Department for Transport. The Council also said its records showed that it had not received a new photograph from Mr X and his application could not be progressed until this was received.
  7. On 23 January 2024, the Council received a further photograph from Mr X. The photograph was uploaded to Mr X’s application on 23 February 2024.
  8. Three days later the Council reviewed Mr X’s application and made a referral for an independent medical assessment.
  9. The medical assessment was completed on 4 March 2024 and Mr X’s application for a Blue Badge was approved.
  10. On 7 March 2024, the Council sent Mr X an email requesting payment of £10 for the Blue Badge. Mr X told the Ombudsman he never received this email.
  11. On 16 August 2024, Mr X made payment by telephone and the Council ordered the Blue Badge three days later. Mr X confirmed that he received the Blue Badge at the end of August 2024.

Analysis

  1. In response to my enquiries the Council has explained that at the time Mr X applied for a Blue Badge its website stated, “Due to high demand, it can take up to 12 weeks to process a Blue Badge application. The timeframe quoted is dependant on all required supporting evidence/information being submitted with the initial application”.
  2. The Council must consider all applications for a Blue Badge against its criteria and ensure all supporting documentation is valid and of the required standard. I am satisfied it did so in this case so there are no grounds to criticise its decisions which are consistent with the guidance.
  3. I accept the Council was unable to progress Mr X’s application until it had received valid proof of identity and proof of residence. The Council also asked Mr X three times to provide a photograph of passport standard. This lack of suitable photograph contributed to the delay in progressing the application.
  4. In response to our enquiries, the Council has explained when applicants send information by email, this generates an automatic response explaining that it may take up to eight weeks for this to be processed. Although Mr X will not have received this because he sent information by post, I accept that due to the volume of applications, eight weeks was not an unreasonable timeframe for the Council to adopt.
  5. The case records show it took the Council ten weeks to respond on one occasion. However, I have decided this did not amount to fault because I have taken into consideration the Christmas holiday occurred during this time period.
  6. Once Mr X had sent the correct supporting information in January 2024, the Council processed and approved his application within seven weeks.
  7. This demonstrates the Council complied with its policy of processing applications within 12 weeks once it had all relevant documentation. Overall, I am satisfied that the long delay in this case was largely attributable to Mr X not sending the required information, as opposed to Council fault.
  8. Mr X also says he never received the request for payment for the Blue Badge. He says if he had received the email he would have made payment sooner and he would have received his Blue Badge in March 2024.
  9. The records show the request for payment was sent to Mr X on 7 March 2024. Disappointingly, the Council has been unable to provide evidence the email was sent to Mr X because this would require in-depth interrogation of the Council’s bespoke case management system. I do not consider this to be a proportionate use of public money to request the Council to do so.
  10. Instead, the Council has provided a copy of the text of the email that was sent to Mr X. It has also provided confirmation of case work activity having taken place on 7 March 2025 and the correct email address was held on file.
  11. This information satisfies me that, on the balance of probabilities, it is more probable than not, that the email requesting payment was send to Mr X. I also consider it was reasonable for Mr X to have contacted the Council sooner than he did to establish what had happened to his application.
  12. For these reasons I have not found the Council to be at fault.

Back to top

Final decision

  1. I have completed my investigation. I have not found the Council to have acted with fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings