The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to give her a Blue Badge.
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)) We cannot question whether an organisation’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)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes Mrs X’s application, the assessment reports and medical evidence. I also considered our Assessment Code and comments Mrs X made in reply to 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.
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. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.
Mrs X applied for a Blue Badge. She has a condition that affects her knees causing pain and stiffness. She submitted an x-ray report which confirmed her medical condition.
The Council did two mobility assessments. The assessors noted Mrs X’s medical condition and that she does not have any treatment or take prescription drugs. They noted Mrs X’s reports of her pain. The assessors observed Mrs X to walk 120 metres to 140 metres without taking any stops or using any walking aids. They found she walked at a slow speed, with a slight irregular gait but with no breathlessness. The Council decided not to award a badge.
Mrs X disagrees with the decision. She says she has pain when she walks and, although she would only need the badge “now and again”, it would improve her qualify of life. It would also help her to look after her grandchild. She says she has a hospital appointment in June and other people have a badge when it appears there is nothing wrong with them.
I will not investigate this complaint because it is unlikely I would find fault by the Council. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. We have no power to award a badge and cannot decide if someone is entitled to a badge.
The Council considered the information Mrs X provided on her application form and the findings of the mobility assessors. The assessment notes show the assessors considered pain, distance, balance, breathlessness and walking aids. The notes show there was a proper consideration of each point. The decision to refuse a badge is consistent with the guidance because Mrs X walked more than 80 metres and speed is not a qualifying factor when considered in isolation. In addition, difficulties someone may have in looking after a child is not a qualifying factor for a badge. And, a hospital appointment does not mean someone meets the qualifying conditions.
Mrs X has referred to people having a badge when, in her opinion, there is nothing wrong with them and their mobility is better than hers. However, I can only consider how the Council has assessed Mrs X’s application and it is unlikely Mrs X would be aware of all the circumstances of the people she has referred to.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman