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 issue another 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 medical evidence, Council assessments and the decision letters. 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. People with a non-physical disability (sometimes called a hidden disability) might qualify if they experience severe psychological distress while walking or are at serious risk of harm while walking or pose a risk to others. Not everyone with a hidden disability will qualify for a badge.
6. People qualify if they get specific points/descriptors with a benefit called Personal Independence Payment (PIP). To qualify they must receive eight moving around points or descriptor (E) for not being able to undertake a journey due to overwhelming psychological distress.
7. The Council issued a badge in 2021 but says it was issued in error. Ms X applied for another badge in 2024 under the hidden disability rules. She explained her medical conditions and the problems she experiences. Ms X also referred to some physical walking problems. She submitted some medical evidence and said she receives PIP; her PIP award is for difficulties planning a journey and not for overwhelming psychological distress.
8. The Council assessed the application. It did a desk based assessment, and two face-to-face assessments, in relation to the hidden disability rules and the walking criteria. It recognised Ms X has medical conditions, but it decided there was no evidence to demonstrate she meets the criteria under the hidden disability rules or the walking rules. As part of this process an assessor watched Ms X walk and noted she had not provided any medical evidence to confirm she experiences severe psychological distress while walking or is at serious risk of harm while walking.
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 was fault in the way the Council made the 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. However, we can only intervene if there is fault in the way the Council made the decision and I have not seen any evidence of fault. The Council considered all the information and decided to reject the application because there was no evidence showing Ms X experiences significant psychological distress while walking or has considerable physical difficulties in walking. In addition, although Ms X receives PIP, the Council was correct to say the award is not one that passports her to a badge. The Council says it issued a badge in 2021 in error but that has no bearing on the current application because each claim is assessed afresh and there is no guarantee a badge will be renewed.
11. I have considered the evidence Ms X submitted, and the Blue Badge rules, and I have not identified any fault in the way the Council reached its decision.

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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