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 that she does not qualify for a blue badge. She says the Council did not consider the evidence she submitted and she does not know whether she is covered by the walking or hidden disability rules.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the application form, supporting evidence and the letters from the Council. I also considered our Assessment Code.

Back to top

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. The guidance says people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge.
6. People with a non-physical disability (sometimes called a hidden disability) might qualify if they can demonstrate they experience considerable psychological distress when walking or are at risk of serious harm.
7. Mrs X applied for a badge and submitted supporting evidence. The Council assessed the application under the walking and hidden disability rules. It conducted a mobility assessment and watched Mrs X while she walked 80 metres. It sought the opinion of an expert assessor in relation to the hidden disability rules. The Council accepted Mrs X has some difficulties but decided they do not meet the threshold to qualify under either the physical or hidden rules.
8. 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 makes a decision. I have no power to award a badge and it is not my role to re-assess the claim or decide if Mrs X is eligible for a badge.
9. Mrs X disagrees with the Council’s decision and has explained how having a badge would help. She doubts the Council considered her supporting evidence and she is uncertain which rules her condition comes under.
10. I appreciate Mrs X disagrees with the decision, but we can only intervene if there is fault in the way the Council made the decision. The Council considered all the evidence, including the walking test, supporting evidence and the opinion of the expert assessor, and the decision the Council reached is consistent with that evidence and the blue badge rules. As there is no suggestion of fault there is no reason to start an investigation. There is nothing to suggest the Council ignored any of the evidence and it does not matter which rules apply to Mrs X’s condition because the Council assessed the claim against both set of rules.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman