Summary: The Council was at fault. It failed to inform Mr X it would not proceed with his Council Tax disability band reduction application if he failed to provide information it requested. Although this did not cause Mr X an injustice the Council agreed to make service improvements to prevent this happening again to other applicants. There was no fault in how it handled Mr X’s Blue Badge application.

The complaint

1. Mr X complained about delays in the Council’s handling of his applications for council tax disability band reduction and Blue Badge due to his disability.
2. He said the Council’s delays caused him avoidable distress, frustration and financial loss. He wants the Council to make the decisions without further delay, and if the council tax disability band reduction is granted, to backdate any council tax overpayments to January 2025.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
4. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

Disability band reduction

9. If a person or someone living in their home is disabled, they may receive a Council Tax reduction if the property is their main residence and has either an extra bathroom or kitchen needed by the disabled person, enough indoor space for wheelchair use, or a room (not a bathroom, kitchen, or toilet) that is essential to the disabled person’s welfare; the room does not need to be specially built but must be mainly used by the disabled person, and the council may visit to confirm the details.

Review timeframe

10. There is no statutory timeframe or a fixed, guaranteed response time specifically for Disability Band Reduction applications. However, we do expect councils to review applications in a timely manner to give applicants the appeal rights to the Valuation Tribunal if they disagree with the council’s decision.

The Blue Badge Scheme

11. 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 scheme gives parking concessions to Blue Badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing applicants’ eligibility for the badge.
12. The Department for Transport (DfT) does not set a mandatory fixed processing time for applications to the Blue Badge Scheme. However, it advises that Local authorities should aim to process Blue Badge applications within 12 weeks from receipt of a complete application, in line with Department for Transport (DfT) expectations.
13. On the Council’s frequently asked questions website it states, if it refuses a Blue Badge application, the applicant may request a review in writing within four weeks, explaining why they think the decision is wrong supplying any new medical evidence. The Council’s review decision is final, though the applicant may submit a new application after six months if their mobility changes, or sooner if they later become automatically eligible through qualifying benefits.

What happened

14. In January 2025, Mr X contacted the Council and applied for Disability Band Reduction (DBR) and a Blue Badge (BB) due to a disability affecting his mobility.

DBR application

15. The Council said it received the DBR application but closed it shortly after as it was incomplete. The Council said when it received the form it contained no data.
16. By February 2025, having received no update, Mr X contacted the Council, and it reopened his application once he confirmed it was a DBR he requested.
17. In late March, Mr X complained to the Council as he had not received an update on his DBR application since the Council reopened it in February.
18. In late April 2025, Mr X complained to us about the delays in the Council’s handling of his applications.
19. Following our enquiries, the Council provided evidence that it requested additional evidence from Mr X in May to support his DBR application but had not received a response. As it did not receive a response from Mr X the Council told us it closed the application.
20. Mr X told us he never received the Council’s request for further evidence. The Council told us it would reconsider Mr X’s DBR application once he provided the additional evidence it requested.
21. Mr X has since moved and no longer lives in the Council area.

BB application

22. In March, the Council reviewed Mr X’s BB application and informed him he needed to provide additional information to process it. Mr X provided the requested information the following day.
23. The Council refused Mr X’s BB application in May, stating the evidence provided was insufficient to grant a BB. In a letter the Council explained how Mr X could ask for a review if he disagreed with this decision. There is no evidence Mr X asked the Council for a review.

My findings

Mr X’s DBR application

24. There is no statutory timeframe or a fixed guaranteed response time for DBR applications. However, we expect the Council to deal with applications in a timely manner.
25. The Council reopened Mr X’s DBR application at the end of February and has provided evidence to show it requested further information in early May. It is not the Council fault that Mr X did not receive this. The Council told us it subsequently decided to close Mr X’s application due to a lack of response.
26. Although Mr X did not ultimately receive the request for further information, we would expect the Council to inform applicants that it will close cases or take no further action where applicants fail to provide it. This was fault. However, since Mr X said he did not receive the email, it did not cause Mr X an injustice in this instance.

Mr X’s BB application

27. The Department for Transport (DfT) does not set a mandatory fixed processing time for applications to the Blue Badge Scheme. However, it advises that Local authorities should aim to process Blue Badge applications within 12 weeks from receipt of a complete application, in line with Department for Transport (DfT) expectations.
28. The Council received Mr X’s BB application in January and reviewed it in March when it required further information. Mr X promptly provided the requested information. At this stage when his application was complete it took the Council eight weeks until mid-May 2025 to make a decision.
29. The Council made its decision within 12 weeks once Mr X’s BB application was complete. In its decision letter, the Council informed Mr X of the outcome and explained his right to ask for a review if he disagreed. There was no fault in how the Council handled or decided his application. Mr X could have exercised his right to ask for a review if he disagreed with the decision.

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Action

30. Within one month of the final decision the Council should ensure that where it asks applicants for further information to support applications for DBR officers include information that it will close the case if applicants fail to provide that information.
31. The Council should provide us with evidence it has complied with the above actions.

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Decision

32. I have found fault however it did not cause Mr X an injustice. The Council agreed to my recommendation to improve its services.

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Investigator's decision on behalf of the Ombudsman