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.

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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 and the assessment. 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 that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
7. Mrs X applied for a badge and submitted some medical evidence. The evidence was from 2006 to 2008; Mrs X says the nature of her condition means she does not have any current evidence.
8. The Council assessed the application and noted Mrs X’s medical conditions, whether she takes medication or has falls or uses a stick. The Council watched Mrs X walk 80 metres without stopping or using a stick. The assessor noted Mrs X reported pain but does not take painkillers. The assessor observed that Mrs X was able to manage stairs and an uneven surface and showed no signs of breathlessness. The Council decided the evidence does not show Mrs X qualifies for a badge.
9. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and I can only consider if there is fault in the way the Council made the decision. It is not my role to re-make the decision or decide if Mrs X is eligible for a badge.
10. The Council considered the information Mrs X provided and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. The decision to refuse a badge is consistent with the guidance because Mrs X walked more than 80 metres.
11. In addition, while I understand why Mrs X does not have any recent medical evidence, I can also see that, from the Council’s perspective, it requires evidence to demonstrate that Mrs X is virtually unable to walk. As it stands, this is not evidenced by the medical evidence nor from the face to face mobility assessment.

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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