Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision not to issue a Blue Badge.

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The Ombudsman’s role and powers

2. 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 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))
3. 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

4. I considered information provided by Mr X and the Council. This includes the application, assessments and supporting evidence. I also considered our Assessment Code.

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My assessment

5. 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.
6. The guidance says people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
7. Mr X applied for a badge. He supplied some supporting evidence and explained his health conditions and the difficulties he has. The Council did a telephone assessment and a face to face assessment. The assessor watched Mr X walk 80 metres, assessed his ability to use stairs, and noted his medical conditions and use of a privately bought stick. The outcome was that Mr X does not qualify for a badge.
8. Mr X disagrees with the decision. He says his mobility is greatly affected by pain and he can hardly walk.
9. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge and it is not my role to re-make the decision or decide if Mr X is eligible for a badge.
10. The Council considered the information Mr X provided and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. The decision to refuse a badge is consistent with the guidance because Mr X walked 80 metres.
11. I appreciate Mr X disagrees with the decision but I have not seen any fault in the way the Council made that decision. It considered all the evidence and cross-referenced it to the rules and guidance.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman