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

The complaint

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

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the application, medical evidence and the Council’s assessment. I also considered our Assessment Code.

Back to top

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 that 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. People who receive at least eight moving around points with Personal Independence Payment (PIP) qualify for a badge.
8. Mrs X applied for a badge. She provided supporting evidence and proof she receives four moving around PIP points. The Council did a mobility assessment. The assessor considered the evidence Mrs X had provided, her medical issues, comments she made during the assessment and watched her walk 90 metres. While watching Mrs X walk, the assessor considered Mrs X’s manner of walking, use of a stick, falls, pain and breathing. The Council noted Mrs X does not receive a level of PIP that passports her to a badge and noted Mrs X had reported she can walk half a mile, although with pain. The Council accepted Mrs X has medical problems but decided the impact on her mobility is not such that she qualifies for a badge.
9. Mrs X disagrees with the decision and says the Council disregarded her pain and has not fully considered her health conditions.
10. I will not investigate this complaint because it is unlikely I would find fault. We do not act as 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 Mrs X is eligible for a badge.
11. The Council considered the information Mrs X provided on her application form 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. In addition, the decision to refuse a badge is consistent with the guidance because Mrs X walked more than 80 metres.
12. I appreciate Mrs X disagrees with the decision but there is nothing to suggest the Council disregarded any aspect of the application, including pain, and there is no indication of fault in the way the Council made the decision. It considered the application and the evidence in relation to the qualifying rules.
13. Mrs X says she is challenging the PIP decision. If the PIP award is increased Mrs X could notify the Council, especially if she is awarded eight moving around points. But, for the time being, the Council can only assess the application based on the current PIP award.
14. Mrs X sent us medical information which post-dates the Council’s decision. The Council can only consider the information it has at the point of making the decision. If Mrs X has new information which she thinks affects the decision she can inform the Council. But, it would be for the Council to decide if any new information changes the decision.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman