The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for a Blue Badge. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says he is eligible for a Blue Badge because he gets the mobility part of the Personal Independent Payment (PIP) and is exempt from road tax.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes correspondence about the application and the PIP award. I considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
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. People who experience considerable psychological distress while walking may qualify (this is sometimes referred to as the hidden disability rules).
People who receive at least eight moving around points with PIP or have been awarded ten PIP points for feeling overwhelming psychological distress while walking qualify for a badge.
Mr X applied for a Blue Badge under the hidden disability rules. He has mental health issues. He provided a report from the mental health team and a copy of his PIP award. The PIP letter shows Mr X receives no moving around points but qualifies for 12 points for needing help to plan or follow a journey.
The Council refused the application because none of the information provided shows that Mr X meets the PIP rules or shows that he experiences considerable psychological distress while walking. The Council explained why Mr X does not qualify based on his PIP award. The Council sent Mr X a form for his mental health professional to complete. The form asks specific questions to show whether someone meets the hidden disability rules for a badge. Mr X has not returned this form to the Council.
Mr X continues to assert he is entitled to a badge due to his PIP award.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The rules say someone qualifies for a badge due to their PIP award if they receive eight moving around points or ten points for feeling overwhelming psychological distress. Mr X does not receive these parts of PIP. He gets 12 points for needing help to follow a journey but this part of PIP does not entitle someone to a badge.
I have considered the medical evidence Mr X submitted and there is no suggestion of fault in the Council’s decision that it does not show entitlement to a badge. The Council acted appropriately by sending Mr X a form and asking him to provide targeted evidence from a Mental Health professional. There is nothing to indicate the Council has processed the application incorrectly and no reason for us to start an investigation. We are not an appeal body and we have no power to award a Blue Badge.
Final decision
I will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman