The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because the Council has offered to review the case and do an in-person mobility assessment. It is unlikely an investigation would lead to a different outcome.
The complaint
The complainant, whom I refer to as Ms X, complains about the Council’s decision to refuse her application for a Blue Badge. She says the Council overlooked her evidence.
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: the Council has offered a fair remedy, or an investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. I also considered our Assessment Code and spoke to Ms X after she received 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 can qualify if they have a hidden disability which means they are at risk of harm when walking or feel overwhelming distress when walking.
The guidance says that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres.
Councils usually do a face-to-face mobility assessment to assess applications. During the pandemic many councils did telephone assessments.
Ms X applied for a Blue Badge. The Council assessed the application, and did two appeals, but decided Ms X does not qualify.
The Council has recently become aware of some new evidence relating to a benefit that Ms X receives (Personal Independence Payment). The Council has written to Ms X to invite her to attend a face-to-face mobility assessment.
We have no power to award a badge and cannot decide if someone is entitled to a badge. If we find fault in the way a council has assessed an application the most likely outcome is that we would ask the council to reconsider the application. I will not investigate this complaint because the Council has offered to do a face-to-face assessment and it is unlikely an investigation would lead to a different outcome. The mobility assessment will give the Council the opportunity to reassess the application and observe Ms X’s mobility and the impact of any hidden disabilities.
If the Council remains of the view that Ms X is not entitled to a badge, then Ms X could make another complaint to us. But, we are not an appeal body and cannot decide whether someone is entitled to a badge.
Final decision
We will not investigate this complaint because the Council will do a face-to face mobility assessment and it is unlikely an investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman