Summary: Mrs B says the Council failed to properly consider her application for a blue badge. During our investigation the Council reviewed the decision and awarded Mrs B a blue badge. There is no need for the Ombudsman to pursue the matter further.

The complaint

1. The complainant, whom I shall refer to as Mrs B, complained the Council failed to properly consider her application for a blue badge. Mrs B says the Council’s decision has significantly impacted on her ability to leave the house safely with her son.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and Mrs B's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
5. Mrs B and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The blue badge scheme

6. The Department for Transport's (DfT) Blue Badge Scheme helps people with severe physical mobility problems, or other conditions affecting their mobility, to access goods and services. It does this by allowing them, or their carer, to park near their destination. The scheme gives parking concessions to Blue Badge holders. Councils are responsible for the day-to-day administration and enforcement of the scheme. This includes assessing applicants' eligibility for the badge.
7. Since August 2019 the guidance has included the introduction of assessment criteria for people with severe mobility problems caused by non-visible ('hidden') disabilities.
8. The DfT guidance sets out what assessors may wish to consider when assessing a person's mobility. The guidance is non-statutory. This means councils do not have to follow it, but most councils do. We expect councils to explain if they decide not to follow such guidance.
9. If an applicant is unhappy with the outcome of an assessment, they may ask the Council to review the decision.

What happened and analysis

10. Mrs B applied for a blue badge. Mrs B’s son has a hidden disability. Mrs B provided the Council with supporting documentation to show the difficulties her son experiences. The Council decided Mrs B did not meet the requirements for a blue badge under the hidden disability criteria.
11. After I began my investigation the Council arranged for another desktop assessment by two occupational therapists to review the decision. The Council has now awarded a blue badge for three years. As the Council has awarded a blue badge there is nothing further the Ombudsman can achieve for Mrs B. I have therefore discontinued the investigation.

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Final decision

12. I have discontinued my investigation as there is nothing further the Ombudsman can achieve for Mrs B.

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Investigator's decision on behalf of the Ombudsman