Summary: We will not investigate this complaint the Council refused to issue a blue badge. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained about the Council’s decision not to issue her a blue badge. She said the Council’s assessment of her walking ability contained inaccurate information. She said it failed to consider her medical conditions properly. Mrs x said she cannot walk without significant pain and struggles to access parking spaces. She wants the Council to issue a blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Blue Badges help people with disabilities or health conditions park closer to their destination. The Department for Transport sets out how councils should consider applications for a blue badge. Some people automatically qualify for a blue badge. Other applicants may qualify after further assessment if they have an enduring and substantial disability that means they are unable to walk, or experience very considerable difficulty when walking.
7. Mrs X is not automatically eligible for a blue badge. In her application, she set out her medical conditions and difficulty she experienced when walking. The Council invited Mrs X for a face-to-face assessment. In that assessment it observed Mrs X walking a short distance. The Council said Mrs X did not complete the mobility assessment but based on its observations and information she had provided, it decided she did not meet the criteria for a blue badge.
8. Mrs X appealed and provided the Council additional supporting information. The Council considered this. It also completed a telephone interview with her. The Council used the information provided to score her application. That score reflected her level of difficulty when walking including pain, speed and pace. The Council assessed Mrs X as experiencing difficulty when walking, but that it was not severe enough to meet the criteria for a blue badge. The Council did not uphold Mrs X’s appeal.
9. Although Mrs X is unhappy with the Council’s decision, we will not investigate. The Council has considered all available information, including observations of Mrs X’s mobility, medical information, and her self-report. There is not enough evidence of fault in how it considered the blude badge application to justify our involvement. If Mrs X’s condition has deteriorated further, she would need to make a further blue badge application to the Council.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman