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.

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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 Council 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 blue badge and submitted medical evidence. To help it determine eligibility the Council booked a face to face mobility assessment. Mrs X felt unable to attend and submitted a video instead. The Council cancelled the appointment.
8. The Council assessed the application, at the initial and review stage, based on the written evidence and the video. The Council acknowledged Mrs X has some mobility difficulties but decided she does not meet the threshold to qualify 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. It is not my role to re-make the decision or decide if Mrs X is eligible for a badge.
10. The documents show the Council considered all the evidence and noted why it did not think it showed eligibility for a badge. Mrs X may disagree but I have not seen fault in the way the Council reached those conclusions. The Council acted appropriately by offering a face to face assessment which would have provided a more comprehensive assessment of Mrs X’s mobility. We usually encourage councils to offer face to face assessments but, as the Council offered one, there is nothing further we would ask it to do.
11. Mrs X has made some comments about whether the Council correctly recorded her medication or ability to use a walking aid – but these issues are not enough to suggest overall fault in the way the Council assessed the application or to show eligibility for a badge.

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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