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. Mr X disagrees with the Council’s decision not to issue him 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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. People may qualify for a blue 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 desk-based assessment. On appeal it conducted a face-to-face assessment. The assessor:
• watched Mr X walk
• noted his medical conditions
• noted Mr X said he occasionally used a borrowed walking stick (the assessor determined this was too short and not suitable for his needs),
• noted the supporting medical documents provided by Mr X are more than 10 years old; and
• noted Mr X takes pain medication as and when needed.

The assessor decided Mr X does not meet the criteria for a blue badge.

8. Mr X disagrees with the decision. He says he is in considerable substantial pain when walking.
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.
11. I appreciate Mr X disagrees with the decision but I have not seen any fault in the way the Council made that decision.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council considered his application for a Blue Badge.

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Investigator's decision on behalf of the Ombudsman