Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her a Blue Badge. There is not enough evidence of fault to warrant an investigation.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to award a Blue Badge.
2. Mrs X said the amount of pain medication she takes is proof of her suffering. She said the assessor underestimated the severity of her pain during the evaluation, and insists that this does not reflect the true extent of her suffering.

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The Ombudsman’s role and powers

3. 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 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))

4. 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

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

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My assessment

7. 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.
8. 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.
9. 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.

10. 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 walk at an ‘extremely slow pace’ which it said made walking likely very difficult. However, the Council said Mrs X was walking at a slow but constant steady pace and the speed on its own was not sufficient to demonstrate Mrs X had very considerable difficulty in walking. It rejected her application.
11. Mrs X appealed. She queried how the assessor had completed the mobility assessment. As part of the appeal the Council considered information provided by Mrs X including medical references. It said despite her concerns about the mobility assessment there was no evidence to suggest Mrs X had very considerable difficulty in walking the required distance.
12. 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 and the pain she was experiencing, the assessor’s comments do highlight Mrs X reported feeling ‘sore’. 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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Investigator's decision on behalf of the Ombudsman