Summary: We will not investigate this complaint about the Council’s decision to refuse to renew Mr X’s blue badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X disagrees with the Council’s decision not to renew his 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 or continue 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s 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. Mr X applied to renew his badge and submitted medical evidence. The Council refused his application.
8. Mr X appealed against the refusal. The Council invited Mr X to an in personal assessment. An assessor watched Mr X walk over 80 metres over changing surfaces while using a walking stick. They stated he demonstrated mild difficulty and discomfort when walking. The assessor did not find that Mr X has significant difficulties with his mobility.
9. I will not investigate this complaint because it is unlikely I would find fault. We do not act as 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 Mr X is eligible for a badge.
10. The Council considered the information Mr X provided on his application form and the findings of the mobility assessor. The assessment notes show the Mr X walked the required distance of 80 metres and the assessor considered pain, distance, balance, breathlessness and use of a walking stick. The decision to refuse a badge is consistent with the guidance.
11. Mr X disagrees with the decision and says the Council previously issued him with a badge and his circumstances had only worsened. However, each application is considered afresh and a previous award is no guarantee that a new one will be issued.

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Final decision

12. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council considered his application to renew his blue badge.

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Investigator's decision on behalf of the Ombudsman