Summary: We will not investigate this complaint about a blue badge application. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained about the outcome of her blue badge application and appeal. She said the Council did not properly consider information she provided about her medical conditions and the pain she experienced when walking. She said the assessor completing the mobility assessment accompanied her back to her car but did not explain this was part of the mobility assessment. Ms X said she felt forced to keep pace with the assessor during that walk. Ms X said the Council’s decision to refuse her a blue badge impacts her ability to shop and see friends.

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The Ombudsman’s role and powers

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. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
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. 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.
7. The DfT guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. There are two types of eligibility criteria:

• where a person is eligible without further assessment, they will receive a Blue Badge;
• where a person is eligible subject to further assessment, they have to fulfil one of two criteria to qualify for a badge. They must:
• drive a vehicle regularly, have a severe disability in both arms and be unable to operate, or have considerable difficulty operating, all or some types of parking meter; OR
• have a permanent and substantial physical or hidden disability that causes inability to walk or very considerable difficulty in walking.

9. Mrs X applied to the Council for a blue badge. She provided evidence about health conditions that were affecting her ability to walk. Mrs X was not automatically eligible for a blue badge so the Council invited her for a face-to-face assessment. That included a mobility assessment. The Council said Mrs X did experience some difficulty when walking; it described her pace as slow and observed her experiencing pain in the knee. However, it did not assess her as experiencing ‘considerable difficulty’ when walking. It rejected her application.
10. Mrs X appealed. She provided further medical evidence. She also queried how the assessor had completed the mobility assessment. As part of the appeal the Council considered information provided by Mrs X. It said despite her concerns about the mobility assessment there was no evidence to suggest Mrs X could not walk the required distance.
11. Although Mrs X is unhappy with the outcome of the appeal, we will not investigate this complaint. The Council’s assessment and appeal documentation demonstrates it considered all information she provided about her medical conditions, including her self-reported difficulties with pain. And although she does not feel the mobility assessment presented a true reflection of her walking ability, the assessor’s comments do highlight difficulties with her walking. Therefore, I am satisfied these were properly considered. The Council set out its reasons why Mrs X did not meet the criteria for a blue badge. There is not enough evidence of fault to justify our involvement.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of faut to justify our involvement.

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Investigator's decision on behalf of the Ombudsman