London Borough of Bromley (24 021 453)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an unsuccessful application for a blue badge. This is because the Council agreed to reassess the application.
The complaint
- The complainant, Mrs X, says the Council did not properly assess her blue badge application.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the application, medical evidence and correspondence about the application. I also considered our Assessment Code.
My assessment
- Mrs X applied for a badge under the walking rules and under the rules for having a hidden disability.
- The Council assessed the application and primarily focused on the issues relating to Mrs X’s hidden disability. The Council decided Mrs X does not qualify.
- Mrs X appealed and referred to her physical problems with walking (not related to her hidden disability). She asked for a face to face assessment partly to address some of the communication issues she faces due to her hidden disability. The Council declined and said a face to face assessment would not add additional evidence to determine if she is eligible under the hidden disability rules. The Council confirmed Mrs X is not eligible for a badge.
- I asked the Council to do a face to face assessment. This would give Mrs X another chance to explain her physical problems with walking and give the Council another opportunity to gather evidence about all aspects of Mrs X’s mobility. It would also meet Mrs X’s request for a face to face assessment due to her communication issues.
- The Council agreed and says it carried out a face to face assessment yesterday.
- I will not start an investigation because the Council agreed to do a face to face assessment. I do not know the outcome of the assessment but I do not need to know because it is not my role to decide if someone is eligible for a badge. But, whatever the outcome, an investigation is not needed because the face to face assessment has allowed the Council to complete a comprehensive assessment and consider both the hidden and physical aspects of the application.
Final decision
- We will not investigate this complaint because the Council has completed a face to face mobility assessment.
Investigator's decision on behalf of the Ombudsman