Summary: We will not investigate this complaint about the Council’s assessment of eligibility for a Blue Badge. There is not enough evidence of fault in the Council’s actions.

The complaint

1. Miss X complains the Council’s assessment of her eligibility for a Blue Badge was unlawful because it did not:

• properly consider the impact of her disability when travelling and relied too much on clinical evidence;
• take into account the impact on her of Low Traffic Neighbourhoods (LTNs); and
• comply with its duties under the Equality Act 2010 in relation to people with non-visible disabilities.

2. Miss X says not having a Blue Badge means she is often unable to travel alone because it impacts her mental health. This has affected her independence and limits her access to services and ability to carry out her normal daily activities.

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The Ombudsman’s role and powers

3. 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))
4. 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. It does this by allowing them, or their carer, to park near their destination. The DfT Blue Badge scheme guidance (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. Miss X applied for a Blue Badge and was not automatically eligible, so the Council considered her application under the “subject to further assessment” criteria in the guidance. The guidance says that where someone’s eligibility is not obvious Councils should seek an independent medical assessment.
9. In its response to Miss X’s complaint, the Council explained it cannot rely only on self-reporting and it had therefore considered information she provided from a medical professional. We would be unlikely to find the Council at fault for relying on, or the weight it gave to, medical evidence in its assessment of Miss X’s eligibility.
10. The guidance says councils should assess whether someone’s coping strategies are effective enough to negate the need for a Blue Badge. Miss X qualifies for Personal Independence Payment on the grounds that she cannot plan or follow a journey without assistance. We would therefore be unlikely to find the Council at fault for concluding Miss X will always have support when travelling.
11. The Council explained to Miss X why it believes her coping strategies are effective at managing any difficulties she experiences when travelling, including those arising from non-visible disabilities. We would be unlikely to find the Council at fault for how it applied the DfT eligibility criteria.
12. The Council explained LTNs are accessible to everyone and details are publicly available. So, Miss X should be able to take LTNs into account when planning her journeys. As the Council assessed Miss X’s general eligibility for a Blue Badge, we would be unlikely to find it at fault for not specifically assessing whether her difficulties travelling through LTNs mean she needs a Blue Badge to park in those.
13. The Equality Act 2010 says organisations should make reasonable adjustments to help people with disabilities access services. This does not mean someone with disabilities is automatically entitled to a Blue Badge. Miss X participated at all stages of the Council’s Blue Badge assessment process. There is evidence the Council took her disabilities into account and considered relevant medical information when assessing her eligibility. We would be unlikely to find it failed to have due to regard to its duties under the Equality Act.
14. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision. We will not investigate Miss X’s complaint because there is not enough evidence of procedural fault by the Council to question the merits of its decision.

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Final decision

15. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman