Source · LGO (Local Government & Social Care Ombudsman)

West Sussex County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-004-308 Sector Adult Care Services Category Transport Decided 12 July 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because the Council will reconsider the application and do a mobility assessment.

The complaint

The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to issue a Blue Badge. He says he cannot walk unaided and has bought a mobility scooter. He wants to be examined by the Council.

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 the Council offers a far remedy. (Local Government Act 1974, section 24A(6))

How I considered this complaint

I considered information provided by Mr X and the Council. This includes the correspondence about the application and the Council’s agreement to do a mobility assessment. I also considered our Assessment Code.

My assessment

Mr X applied for a Blue Badge in March 2021. The Council refused the application because it found he could walk about 400 metres to the seafront.

Mr X submitted another application. The Council refused the application, mainly because he had not provided any new medical information and the Council had already established Mr X can walk 400 metres. Mr X appealed and said he has to stop many times while walking to the seafront and has bought a mobility scooter. The Council did not uphold his appeal.

I asked the Council if it would do a mobility assessment to further assess Mr X’s mobility in view of his comments about buying a scooter and having to stop frequently while walking. The Council agreed and will contact Mr X about an assessment.

I will not start an investigation because the Council will reconsider the case and do a mobility assessment. This is a fair way to settle the complaint as it will give the Council an opportunity to consider Mr X’s mobility in more detail. In addition, we have no power to award a badge and cannot decide if someone is entitled to a badge.

Final decision

We will not investigate this complaint because the Council will reconsider the application and do a mobility assessment.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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