London Borough of Harrow (19 000 440)

Category : Children's care services > Disabled children

Decision : Upheld

Decision date : 20 Sep 2019

The Ombudsman's final decision:

Summary: the Council cannot explain why Mrs M’s daughter, G, was eligible for a Blue Badge in the past but her recent application to renew her Badge was unsuccessful. The Council invited G to an assessment but then made a decision without seeing her. These faults call the Council’s decision into question. The Council has agreed to consider a fresh application.

The complaint

  1. Mrs M complains her daughter, G was refused a new Blue Badge when her old badge expired. Mrs M says G was due to attend a face-to-face assessment but missed the appointment. She says the Council decided it was unnecessary to reschedule the assessment and turned down her application. Mrs M says G has had a Blue Badge for many years and she thinks it is unfair the Council has refused her renewal.

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What I have investigated

  1. I have investigated how the Council handled Mrs M’s application. The Ombudsman does not decide whether G should have a Blue Badge. Only the Council can make this decision.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
  2. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I have considered:
    • information provided by Mrs M;
    • information provided by the Council, including the papers from Mrs M’s application and subsequent appeal; and
    • The Blue Badge Scheme Local Authority Guidance (England) issued by the Department for Transport in October 2014 and June 2019.
  2. I invited Mrs M and the Council to comment on my draft decision.

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What I found

  1. The Blue Badge Scheme is designed to help disabled people with severe mobility problems access goods and services by allowing them to park close to their destination. The scheme provides on-street parking concessions to Blue Badge holders.
  2. Local authorities are responsible for the administration and enforcement of the Blue Badge Scheme. The Government has issued non-statutory guidance to local authorities.
  3. The 2014 guidance said Blue Badges should normally only be issued to individuals with “a permanent and substantial disability that causes inability to walk or very considerable difficulty in walking”.
  4. New guidance was issued in 2019 when eligibility for Blue Badges was extended to people with non-physical disabilities who, although able to walk, are at risk of serious harm when walking.

Mrs M’s application

  1. Mrs M’s daughter, G, is a teenager. She has a number of conditions which make it difficult for her to get out and about. She has had a Blue Badge for most of her life. The Council refused her most recent application to renew her Blue Badge in January 2019. Mrs M appealed the Council’s decision. At the end of February 2019, the Council invited G to a mobility assessment on 20 March. Mrs M says that G had drawn on the invitation and she was unable to read the date. When she telephoned the Council to check, it was too late to attend. The Council refused to re-arrange the assessment. The Assessor’s notes say, “DNA [did not attend] – would be declined.” The Council wrote to Mrs M on 1 April to say that her appeal had been unsuccessful. Mrs M remained dissatisfied and complained to the Ombudsman.

Consideration

  1. The Ombudsman does not decide whether G should have a Blue Badge. This is the Council’s job. My job is to check the Council made its decision properly.
  2. I asked the Council why it awarded G a Blue Badge in the past and what had changed in her most recent application. The Council said it did not know. The Council explained it did not keep confidential medical information. I accept the Council must not keep information longer than necessary and it may be prudent not to keep medical records. However, I consider it is fault for the Council not to know the reason it approved a person’s last Blue Badge application, and to be unable to explain what has changed leading the Council to refuse their application to renew their Blue Badge.
  3. When Mrs M appealed the Council’s decision, the Council said G needed to attend an assessment to determine her eligibility. When G missed the assessment, the Council declined to offer a new assessment and decided she ‘would not be eligible’ for a Blue Badge. This was fault: the Council decided G needed to attend an assessment, but then made a decision without seeing her. Without seeing G, the assessor had no basis for the decision that G ‘would not be eligible’ for a Blue Badge.
  4. These faults call the Council’s decision into question.

Agreed action

  1. Since Mrs M made her complaint, the eligibility criteria for Blue Badges have changed. The Government has recognised the difficulties faced by people with non-physical disabilities who, although able to walk, are at risk of serious harm when walking. Government guidance sets out how Councils must now consider the needs of this group. The new eligibility criteria come into force on 30 August 2019.
  2. The Council has agreed to consider a fresh application for a Blue Badge for G under the new criteria. I consider this a satisfactory response to Mrs M’s complaint.

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Final decision

  1. I have ended my investigation. I consider it is fault the Council cannot explain why it approved Mrs M’s last Blue Badge application and what has changed leading the Council to refuse her most recent application. I consider there was fault in the Council’s decision to refuse Mrs M’s application without carrying out the assessment the Council decided was necessary. The Council has agreed to consider a fresh application under new regulations. I consider this a satisfactory response.

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Investigator's decision on behalf of the Ombudsman

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