Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to issue a Blue Badge to the complainant’s child. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the Council’s decision not to give his child a Blue Badge.

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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)

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How I considered this complaint

3. I read the complaint and the Council’s response to the Blue Badge application. I considered Mr X’s appeal and a letter from the doctor confirming his child’s medical condition. I invited Mr X to comment on a draft of this decision.

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What I found

4. 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.

New rules from 30 August 2019

5. The new rules make it easier for some people with hidden disabilities to qualify for a badge. This could include people with mental health problems or conditions such as autism. Not everyone who is disabled, or has or a hidden disability, will qualify for a badge under the new rules.
6. People who receive the high rate mobility of Disability Living Allowance (DLA) or eight moving around points for the Personal Independence Payment (PIP) or 10 points within PIP for needing help to plan a journey are eligible for a badge without further assessment.

What happened

7. In March Mr X applied for a Blue Badge for his child. The child receives the low mobility part of DLA and high rate DLA care. He explained that his child has autism, learning difficulties and no awareness of danger. He explained that his child could not find their way home and has a tendency to run into the road. He said he needs to park as close as possible to their destination to reduce the opportunities for his child to run off into danger. He provided a letter from his doctor which confirmed the diagnosis and said the child needs constant support and is not aware of danger.
8. The Council decided not to award a Blue Badge because there was nothing to suggest Mr X’s child cannot walk 80 meters and the focus of the application was the child’s need for support due to a lack of danger awareness.

Assessment

9. 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.
10. There is nothing to suggest Mr X’s child cannot walk 80 metres so the Council’s decision not to issue a badge is consistent with the rules and the guidance. This means there is no reason to start an investigation.
11. Mr X’s child might qualify under the new rules which have now come into force. Mr X could make a new application and explain he is applying under the new rules. I do not know if his child will qualify. That would be a decision for the Council to make, not the Ombudsman.

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Final decision

12. 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