Summary: We will not investigate this complaint about a Blue Badge application for the complainant’s daughter. This is because the complainant can make a new application under the hidden disability rules and it is unlikely an investigation would lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to renew his daughter’s 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 further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and got a small amount of information from the Council. The Council has been the victim of a cyber attack which means it has been unable to provide most of the evidence I need. I invited Mr X to comment on a draft of this decision.

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What I found

Blue badge

4. Some people qualify for a Blue Badge without further assessment. This includes people who receive Disability Living Allowance – high mobility (DLA).
5. The Government introduced new rules in 2019 which make it easier for people with hidden disabilities to qualify for a Blue Badge. Not everyone with a hidden disability will qualify under the new rules.

What happened

6. Mr X’s daughter has a learning disability. She receives DLA high care and low mobility. The Council awarded a Blue Badge in error in 2017. It appears the Council mistakenly thought Mr X’s daughter received DLA high mobility.
7. Mr X applied to renew the badge in 2020. He applied under the passporting rules. The Council refused the application because his daughter does not get DLA high mobility. Mr X provided some additional information but the Council did not change its decision.
8. The Council says Mr X can make a new application and explain he is applying under the hidden disability rules. The Council will then assess the application and make a new decision.

Assessment

9. Due to the cyber attack the Council cannot provide the documents I would usually assess when considering a Blue Badge complaint. So, I cannot form a view about whether there was fault in the way the Council considered the renewal. But, even if we had found fault, the most likely outcome would be that we would ask the Council to reconsider the application.
10. The Council says Mr X can make a new application but apply under the hidden disability rules. As Mr X’s daughter does not get DLA high mobility, but does have a learning disability, this appears to be the best approach for Mr X to take. The Council can then consider if his daughter qualifies under the new rules. There is no guarantee the Council will decide his daughter does qualify for a badge – that is a decision for the Council, not for us.

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Final decision

11. I will not start an investigation because Mr X can make a new application and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman