Wirral Metropolitan Borough Council (24 007 316)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 06 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an application for a Blue Badge because the Council has agreed to reconsider the application.
The complaint
- The complainant, Ms X, complains about the way the Council assessed her Blue Badge application.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes information relating to the application and the complaint correspondence. I also considered our Assessment Code.
My assessment
- 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 are at significant risk of harm when walking.
- People must specify on the application form whether they are applying under the walking or hidden disability criteria. There are different assessment rules for walking and hidden disability applications.
- Ms X applied for a badge under the walking criteria. She had intended to also apply under the hidden disability rules but did not do so. The Council assessed the application under the walking rules and decided Ms X does not qualify for a badge. It invited her to apply under the hidden rules but says it has not received an application. It explained that as Ms X applied under the walking rules that was the assessment criteria it used.
- Ms X complained. In addition, to disagreeing with the decision she complained about the way the Council did the mobility assessment to assess her walking.
- I asked the Council if it will contact Ms X to invite her to make an application under the hidden disability rules. Ms X would need to supply evidence to show she either experiences considerable psychological distress when walking or is at risk of significant harm when walking. The Council agreed to do this; it will then assess an application under the hidden disability rules.
- I also asked the Council to offer another mobility assessment with a different assessor. The Council agreed. This will enable the Council to reassess Ms X’s application under walking criteria. For both the hidden disability rules, and the walking rules, it will be for the Council to decide if Ms X qualifies for a badge.
- The Council will contact Ms X about the arrangements.
- Ms X has expressed dissatisfaction with the way the Council assessed her application but, as the Council has agreed to reassess the application under both criteria, there is no need to start an investigation. We have no power award a badge and it is not my role to decide if Ms X is eligible for a badge.
Final decision
- We will not investigate this complaint because the Council will invite Ms X to apply under the hidden disability rules and it will reassess the application under the walking rules.
Investigator's decision on behalf of the Ombudsman