Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to issue a Blue Badge under the hidden disability rules. 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 not to award her daughter a Blue Badge. Mrs X wants the Council to issue a 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)
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 the Council’s response. I considered the Council’s assessment of the application and the medical information supplied by Mrs X. I also considered a letter from Mrs X’s MP and the Council’s reply. I invited Mrs X to comment on a draft of this decision.

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What I found

Blue badge government guidance

5. 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. These problems can include considerable psychological distress while walking. The guidance says councils should ask for evidence and the applicant must demonstrate that their difficulties mean they cannot access goods and services. The guidance says councils must be satisfied that any problems cannot be managed through reasonable coping strategies. For example, if a person is always accompanied then a badge would not be awarded.

What happened

6. Mrs X applied for a Blue Badge for her young daughter. Her daughter has a cognitive age of 12 to 18 months and a range of significant health problems. Mrs X’s daughter receives support from many different people and medical professionals.
7. As part of the application process Mrs X explained that her daughter uses a special buggy and is always accompanied. Mrs X says her daughter qualifies for a badge because she is at constant risk around vehicles, cannot control her actions and has no awareness of danger. Mrs X submitted a lot of medical evidence which demonstrated the problems her daughter has and the support she receives.
8. The Council considered the points Mrs X made and the evidence she submitted. It decided not to issue a badge because any child under five years of age will need a lot of supervision and because the guidance says a badge should not be issued if the problems can be mitigated through support. In this case, Mrs X’s daughter is always accompanied and uses a buggy.

Assessment

9. The Ombudsman does not act as an appeal body and it is not my role to decide if Mrs X’s daughter qualifies for a badge. I can only consider if the Council assessed the application correctly. I have no power to award a badge.
10. The Council assessed the application under the hidden disability rules. The Council considered the information on the application form, the medical reports, and all the factors which might mean someone qualifies under the hidden disability rules. It agrees Mrs X’s daughter has significant needs and referred to the difficulties she experiences. But, it also considered the guidance which says a council should not issue a badge if the problems can be reduced through support.
11. The Council considered all the issues I would expect it to consider and the way it reached the decision was consistent with the government guidance. Mrs X disagrees with the Council’s decision but that disagreement does not mean there was fault in the way the Council made the decision.

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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