Summary: We will not investigate this complaint about an unsuccessful blue badge application. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X disagrees with the Council’s decision not to issue a blue badge. He says the Council did not handle the application correctly and ignored his evidence. He wants a proper assessment and an apology.

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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 Mr X and the Council. This includes the application, medical evidence and assessments. I also considered our Assessment Code.

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My assessment

5. People 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 people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should consider factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. The guidance says people who walk slowly will not be eligible if that is the only qualifying factor. The guidance also says councils should place less emphasis on evidence from the applicant’s GP in favour of evidence from a mobility assessor.
7. Mr X applied for a badge and submitted evidence. His evidence included letters from his GP, an occupational health (OH) report and videos.
8. A mobility assessor recorded Mr X’s medical issues and medication, and asked questions about walking aids and falls. She noted the evidence from Mr X’s GP and the OH report; she also noted Mr X is managed largely by the GP and has not been referred to a pain team. The assessor watched Mr X walk 80 metres, at a slow pace, and saw no signs of significant pain, or breathlessness. She noted Mr X walked with a normal gait and stride and recorded Mr X has a walking stick which he chooses not to regularly use. The Council decided Mr X’s difficulties are not such that he meets the threshold 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 can only consider if there is fault in the way the Council made the decision. If a council follows the correct process there is no reason for us to intervene. It is not my role to re-make the decision or decide if Mr X is eligible for a badge.
10. The Council considered the information Mr 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 Mr X walked 80 metres and speed is not a qualifying factor when considered in isolation. The records show the Council considered the medical evidence and the videos.
11. Mr X is critical of the outcome of mobility assessment and the way it was conducted. He says the Council ignored his evidence. However, the notes show the Council did consider his evidence and, while Mr X may disagree with the Council’s interpretation of that evidence, there is nothing to suggest fault in the way the evidence and application were assessed. The decision flows from the evidence and the blue badge guidance and there is nothing to suggest we need to start an investigation.

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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