Summary: We will not investigate this complaint about the Council’s decision not to issue a blue badge. There is not enough evidence of fault to justify our involvement. Miss X can ask the Council for a review of its most recent decision if she disagrees with its outcome.

The complaint

1. Miss X complained about the Council’s decision to refuse her a blue badge. She said the Council’s mobility assessment did not accurately reflect the pain she experiences when walking. She said the Council did not provide information about eligibility under the hidden disabilities criteria. She said the Council discriminated against her by not considering her condition as a hidden disability. She wants the Council to improve its training and assessment processes.

Back to top

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, or
• it would be reasonable for the person to ask for a council review or appeal.

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

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. Since August 2019 the guidance has included the introduction of assessment criteria for people with severe mobility problems caused by non-visible (‘hidden’) disabilities.
7. Some people are automatically eligible for a blude badge without assessment. For other applicants, they must either:
• 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.
8. Miss X applied for a blue badge in October 2023. The Council considered information Miss X provided in her application and supporting medical evidence. It completed a mobility assessment. It did not assess her as having a significant difficulty when walking. In the Council’s response to her review request, it said the mobility assessor did not observe signs of intense pain when walking. It accepted she had some difficulties, but these were not significant enough to meet the definition set out in law. There is no evidence of fault in how the Council made that decision. Therefore, we will not investigate this complaint.
9. Miss X made a further blue badge application under the hidden disability criteria. The Council asked Miss X for additional supporting evidence. It also completed a further mobility assessment. The Council did not assess Miss X as experiencing significant difficulty when walking. It also decided she was not eligible under the hidden disability criteria. It provided information about this. If Miss X is unhappy with the Council’s most recent blue badge decision, she needs to ask it for a review before we will consider it.
10. Miss X complained the Council did not provide information about hidden disabilities. The Council’s website provides information about who is eligible for a blue badge. It refers to those who maybe at risk of serious harm when walking, or pose when walking, a risk of serious harm to others. It also refers to psychological distress. The Council also provided information in its outcome letter to Miss X. There is not enough evidence of fault to justify our involvement.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement and she can ask the Council for a review.

Back to top

Investigator's decision on behalf of the Ombudsman