The Ombudsman's final decision
Summary: Ms X complained the Council has not awarded a blue badge for her daughter, Y. Ms X says if Y is ill, not having the blue badge can delay getting her to hospital, potentially having a serious impact on her health. The Council was not at fault.
The complaint
Ms X complained the Council has not awarded a blue badge for her daughter, Y. Ms X says if Y is ill, not having the blue badge can delay getting her to hospital, potentially having a serious impact on her health.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I read Ms X’s complaint and spoke to her about it on the phone.
I considered information provided by Ms X and the Council.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background information 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 by allowing them or a 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.
Since 17 June 2011, children under the age of three have been eligible for a badge if they fall under either or both of the following criteria: a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.
What happened This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
Y has a blood disorder, which was diagnosed at her new-born screening.
Ms X applied for a blue badge for Y, in April 2022. Ms X stated Y must always be kept near a motor vehicle so emergency treatment can be given, or she can take Y to hospital if she has a crisis in her condition. Ms X provided medical evidence from October 2021 with the application which confirmed Y’s diagnosis. The evidence confirmed since Y’s last review she had been well with no hospitalisations or visits to accident and emergency (A&E).
The Council rejected Ms X’s application four days later. In its response to Ms X, the Council stated the condition and treatment needed did not meet the qualifying criteria set out in the Department for Transports Blue Badge Scheme Local Authority Guidance. The Council provided details of how to appeal against its decision.
Ms X appealed against the Councils decision in May 2022. She stated Y had a blood condition and if her health becomes fragile, she needs medical attention as soon as possible. Ms X provided a letter that confirmed Y’s diagnosis and medication.
The Council acknowledged Ms X’s appeal later in May. The acknowledgement letter stated eligibility is not based on a medical diagnosis but how a disability and treatment needs meet the criteria set out in government guidance. The Council confirmed it would consider Ms X’s appeal and contact her again when it had made a decision.
The Council wrote to Ms X again on the same day to confirm Y did not meet the eligibility criteria for a blue badge. The Council confirmed Y did not fall into either criteria set out in government guidance.
Ms X provided the Council with a medical document after it reached its final decision. The document confirmed Y had been admitted to hospital on the day the Council reached its decision.
Ms X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Ms X would like the Council to review its decision not to issue a blue badge for Y.
My findings
The Council considered all the evidence provided by Ms X for the initial blue badge application. It decided Y did not meet the criteria set out in government guidance. The Council referenced medical evidence it had considered which confirmed Y had been well and had no hospitalisations or A&E visits. I have found no fault in the Councils actions in making a decision on the application.
The Council’s decision letter on the application gave Ms X appeal rights. Ms X exercised her right of appeal. It was conducted appropriately and took into account all relevant information. The Council explained in the appeal decision the evidence submitted did not prove Y’s condition was severe enough to meet the criteria for a blue badge. It reached and explained its decision in accordance with the statutory guidance. We cannot question a decision which has been made appropriately. I appreciate this is not the response Ms X wanted, but I have seen no evidence of fault by the Council.
The Council has also referenced a medical document provided after the final decision which confirmed Y had visited A&E. The Council stated the document confirmed the reason for the visit to A&E was likely a viral illness and not related to Y’s medical condition. The document confirmed Y was given intravenous antibiotics and discharged.
The Council has advised Ms X she can make a new application for a blue badge in the future should Y’s needs change.
I recognise the situation has been challenging for Ms X and she will be disappointed with the Councils decision. I cannot question a decision the Council made if it followed the right procedure. I am satisfied the Council properly considered both Ms X’s application and appeal. There is no evidence of fault in the actions taken by the Council.
Final decision
I have completed my investigation. The Council was not at fault.
Investigator's decision on behalf of the Ombudsman