Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a blue badge. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains about the Council’s decision to refuse her application for a blue badge. Miss X says the Council refused her application on the basis her mobility would improve following her operation but it does not have the medical knowledge to make such a decision.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))
4. 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

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

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My assessment

7. The Department for Transport’s (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
8. There are two types of eligibility criteria:

• where a person is eligible without further assessment, they will receive a Blue Badge;
• where a person is eligible subject to further assessment, they have to fulfil one or more of three criteria to qualify for a badge. They must:
• drive a vehicle regularly, have a severe disability in both arms and be unable to operate, or have considerable difficulty operating, all or some types of parking meter; or
• have been certified by an expert assessor as having an enduring or substantial disability, which causes them, during the course of a journey, to be unable to walk or experience very considerable difficulty walking, which may include very considerable psychological distress; or
• be at risk of serious harm when walking, or pose a serious risk of harm to any other person.

9. Miss X applied for a blue badge. The Council refused her application and upheld its decision to refuse it at appeal.
10. The Council agreed Miss X had very considerable difficulty in walking but said this could be temporary whilst she recovered from recent surgery. It advised Miss X to reapply after six months, to allow time for recovery and rehabilitation. It would then be able to assess the severity of any remaining walking difficulties to see whether she meets the criteria for a badge. It explained it cannot issue a blue badge for temporary disabilities.
11. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council has assessed and decided Miss X’s application and the information she provided in line with the relevant guidance. It is open to Miss X to now make a fresh application to the Council so that it can assess her current walking difficulties following her recovery from surgery now the six month period has passed. The Council has confirmed it has not yet received a fresh application from Miss X.
12. We are not an appeal body. This means we do not re make the decision. We can only consider whether there is fault in the way the Council made its decision. I have seen no sign of such fault here.

Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council in how it considered and decided her blue badge application.

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Investigator's decision on behalf of the Ombudsman