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. Mrs X wants a badge so she can use disabled parking bays which offer more space.

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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 Mrs X and the Council. This includes the application, medical evidence, mobility assessment and the decision. 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. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor. Problems getting in and out of cars are not grounds for a badge.
7. Mrs X applied for a badge. She explained her mobility problems and provided some medical evidence. She explained she finds it hard to get in and out of cars and said a badge would allow her to use disabled bays which would help with this difficulty.
8. The Council considered the application and did a mobility assessment. The assessor watched Mrs X walk 105 metres, at a slow speed, along even and uneven surfaces. The assessor saw no breathlessness and Mrs X did not report pain. The assessor noted Mrs X walked with a steady rhythm and good posture, with no balance or coordination issues. The assessor considered Mrs X’s reports of falls and when she uses a walking stick. The Council decided Mrs 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 claim or decide if Mrs X is eligible for a badge.
10. Mrs X disagrees with the Council’s decision and has explained how having a badge would help. However, 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. As there is no suggestion of fault there is no reason to start an investigation.
11. Mrs X explained how having a badge would help her get in and out of cars. I am sure that would be the case. However, the rules do not include this as a qualifying factor. Councils must follow the Blue Badge rules so the Council could not award a badge to Mrs X on this basis.

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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