London Borough of Harrow (24 015 086)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 14 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the complainant will make a new application.
The complaint
- The complainant, Mrs X, complains about an unsuccessful application for a Blue Badge. She says the assessor rushed the mobility assessment, overlooked evidence and did not listen to what she said. Mrs X also says the Council has not refunded her fee.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the Blue badge documents and medical evidence. I also spoke to Mrs X and agreed a way forward. I also considered our Assessment Code.
My assessment
- Mrs X applied for a badge and submitted medical evidence. The Council did a mobility assessment and assessed the application. The Council decided Mrs X is not eligible for a badge.
- Mrs X disagrees with the decision and has explained why she needs a badge. She says the assessor rushed the assessment, did not listen to her or correctly record her answers, and ignored evidence.
- Mrs X obtained new medical evidence after the Council made its decision and will soon have the chance to obtain more information following an imminent medical appointment.
- We have no power to award a badge and cannot determine eligibility for a badge. In addition, we cannot ask a council to consider evidence that post-dates the decision. On this basis, the most pragmatic way forward is for Mrs X to submit a new application with the new medical evidence. This will allow the Council to reassess the application in conjunction with Mrs X’s current medical evidence and the impact on her mobility. It will be for the Council to decide if the new application shows Mrs X is eligible for a badge.
- Mrs X says the Council has not returned the application fee for the unsuccessful application and I ask the Council to return it to Mrs X as soon as possible.
Final decision
- We will use our discretion not to investigate this complaint because Mrs X will make a new application.
Investigator's decision on behalf of the Ombudsman