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, Ms X, disagrees with the Council’s decision not to renew her 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 Ms X and the Council. This includes the application, medical evidence and the Council’s assessments. 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 consider factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
7. Ms X applied to renew her Blue Badge which had been issued by a different council before she moved house. Ms X stated on the application that she can walk about 200 yards. Ms X also referred to pain and limitations on her mobility.
8. The Council considered the application and did a mobility assessment. The assessor noted Ms X’s medical issues, medication, the information on her application, history of falls and involvement of health professionals. The assessor watched Ms X walk 100 metres and noted there were no signs of breathlessness or balance issues. The assessor noted Ms X walked with an upright posture without the use of a walking aid. The assessor noted Ms X’s reports of pain, her use of medication and how she manages steps and inclines. The Council decided Ms X does not qualify for a badge.
9. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and I can only consider if there is fault in the way a council makes a decision. I have no power to award a badge and it is not my role to re-assess the application or decide if Ms X is eligible for a badge.
10. Ms X disagrees with the Council’s decision and has explained how having a badge would help. She denies she walked 100 meters and says the council that originally issued a badge would have renewed it.
11. We can only intervene if there is fault in the way the Council made the decision. I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the Blue Badge rules. I appreciate Ms X says she did not walk 100 metres but the distance is consistent with the overall body of evidence and with Ms X’s statement that she can walk 200 yards. It is impossible to know if a different council would have awarded a badge and each application is individually assessed. There is no guarantee a badge will be re-issued on expiry. As there is no suggestion of fault there is no reason to start an investigation.

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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