Summary: The Ombudsman will not investigate this complaint about an application for a Blue Badge because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to give a Blue Badge to her child.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I read the complaint and information provided by the Council. This includes Mrs X’s Blue Badge application, the mobility assessment report and a letter from the hospital. I invited Mrs X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. 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.
6. The government is introducing new rules from 30 August 2019 which will make it easier for people with a hidden disability (for example, autism) to qualify for a Blue Badge. Not everyone with a hidden disability will qualify under the new rules.

What happened

7. Mrs X’s daughter (Ms Y) has a condition which is sometimes referred to as a hidden disability. She also has hypermobility in her joints. Mrs X applied for a Blue Badge for daughter. Mrs X said Ms Y could walk between 61 to 80 metres.
8. The Council did a mobility assessment. The assessor noted that Ms Y walks very fast and relies on her mother for reassurance. Mrs X reported that Ms Y feels pain in her legs after walking for 10 minutes. The assessor watched Ms Y walk 40 metres with no stops or breathlessness. The assessor was aware Ms Y may display behavioural challenges when outside. The Council decided Ms Y does not qualify for a badge.
9. Mrs X appealed. She said she had been led to believe her daughter would qualify due to her hidden disability. She explained how the hidden disability affects her daughter. She said Ms Y feels pain in her legs and may fall if she has to walk for a long period of time.
10. Ms X submitted a medical letter. The letter does not say Ms Y has considerable difficulty with walking.

Assessment

11. I will not investigate this complaint because it is unlikely I would find fault. The Ombudsman does not act as an appeal body and can only consider if there is fault in the way the Council has made a decision.
12. The Council considered the information Mrs X provided on her application form and the findings of the mobility assessor. The assessment notes show the assessor considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point.
13. The new rules relating to people with hidden disabilities are not yet in force. Mrs X could reapply after 30 August. I do not know if Ms Y would qualify under the new rules. That would be a decision for the Council to make.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman