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. Mrs X complains the Council ignored her non-visible disabilities when it refused her application for 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 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s 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 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. Mrs X applied for a badge. She provided supporting evidence. The Council did a mobility assessment. The assessor considered the evidence Mrs X had provided, her medical issues and watched her walk. The assessor noted she experienced pain and breathlessness, but she had no balance difficulties, and she did not use a walking aid.
8. The Council refused her application.
9. Mrs X appealed against the decision. The Council considered the supporting information. It noted all her reported medication conditions. It also noted she experienced pain and breathlessness. It accepted Mrs X has medical problems but decided the impact on her mobility is not such that she qualifies for a badge.
10. Mrs X disagrees with the decision and says the Council ignored her non-visible disabilities.
11. 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.
12. 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, and breathlessness. The notes show there was a proper consideration of each point.
13. I appreciate Mrs X disagrees with the decision but there is nothing to suggest the Council disregarded any aspect of the application. It considered the application and the evidence in relation to the qualifying rules.

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Final decision

14. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman