Staffordshire County Council (19 018 958)

Category : Children's care services > Disabled children

Decision : Closed after initial enquiries

Decision date : 25 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint that the complainant’s child does not qualify for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that her son does not qualify for a Blue Badge.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. I read the complaint and the Council’s responses. I considered the evidence Mrs X supplied in support of the application and details of how a group of Blue Badge practitioners considered the appeal. I invited Ms X to comment on a draft of this decision.

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What I found

Blue badge government guidance

  1. People qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking. Councils can consider if someone experiences psychological distress when walking.
  2. People can qualify if they receive specific elements of Disability Living Allowance (DLA) or Personal Independence Payment (PIP).

What happened

  1. Mrs X applied for a Blue Badge for her son. She explained that he has autistic traits, hypermobility and a learning disability. In support of the application she submitted a hospital report which said her son does not meet the threshold for a diagnosis of autism, optician letters, comments from the child’s teacher regarding observed autistic traits and a student profile. She explained that her son has an individual learning plan at school.
  2. The Council assessed the application and awarded seven points. This recognised that the child has difficulties with hazard awareness and some behavioural problems as demonstrated by anxiety that sometimes causes him to vomit. The Council also accepted that the child’s learning disabilities mean he needs more supervision than other children. The Council also noted that the psychological assessment had noted that the child has many strengths. The Council rejected the application because the child scored less than 12 points and is not getting a qualifying benefit.
  3. Mrs X challenged the decision. She pointed out she was appealing against the loss of her son’s DLA and that he has been diagnosed as having autistic traits.
  4. In response the Council took the case to a group made up of assessors from 14 different councils. The group considered the application and the supporting evidence. The group unanimously decided that Mrs X’s son does not qualify. The Council confirmed its decision that he does not qualify.

Assessment

  1. 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 the Blue Badge decision.
  2. The Council considered what Mrs X reported on the application form, the medical and other information, and the Blue Badge guidance. It also sought opinions from other Blue Badge assessors. Having considered all the evidence it decided Mrs X’s son does not qualify for a badge. Mrs X disagrees with the decision but I have not seen any evidence of fault in the way the Council considered the application and it is not my role to decide if Mrs X’s son does, or does not, qualify for a badge.

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Final decision

  1. 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

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