Summary: We will not investigate Miss X’s complaint that the Council refused her application for a blue badge. This is because, at our invitation, the Council agreed to arrange a new walking assessment. We consider this a suitable remedy.

The complaint

1. Miss X complains about the Council’s decision to refuse her application for a Blue Badge. She says during the assessment the assessor said she was not comfortable administering an EpiPen if required. As a result, Miss X declined to proceed with the walking element of the assessment for fear of it triggering a medical condition. The Council later refused her application and appeal.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we were to investigate it is likely we would find fault causing Miss X injustice. The walking assessment was not completed, so the Council considered the application without obtaining the mobility evidence it had intended to gather. This meant the decision was made without all the relevant information and the evidence we have does not satisfy us that the Council has properly reached a decision.
6. The Council’s decision and appeal responses are unclear about whether it has properly considered the effects of Miss X’s non-visible disability on her when trying to complete a journey which involves walking some distance.

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Agreed actions

7. The Council, to its credit, has agreed to do the following to put things right:
1. Arrange a further walking assessment and ask Miss X if she would like someone who can administer her medication to accompany her.
2. Reconsider Miss X’s application taking account of the walking assessment and all documents and medical evidence previously submitted and reach a fresh decision.
3. Write to Miss X with the result and any next steps open to her.

8. The Council will complete these within one month of the date of this decision statement.

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Final decision

9. We have upheld this complaint because the Council has agreed to resolve the complaint early by agreeing to arrange a new walking assessment and reaching a fresh decision.

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Investigator's decision on behalf of the Ombudsman