The Ombudsman's final decision
Summary: Mrs X complains the Council failed to consider all her evidence when she applied for a blue badge for her son. We do not find fault with the Council, so we cannot therefore criticise the merits of its decision.
The complaint
Mrs X complains the Council failed to automatically award her son a blue badge when she sent evidence of her son’s Personal Independence Payment following her application.
Mrs X would like the Council to issue a blue badge for her son.
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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with an organisation’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 considered Mrs X’s complaint and supporting information.
I also considered the Council’s response to Mrs X and to my enquiries.
Mrs 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
Government Blue Badge Scheme The Department for Transport issued revised guidance (May 2022) to councils when providing Blue Badges to disabled people with severe mobility problems. The guidance provides a structured functional mobility assessment. The guidance is non-statutory meaning that councils are not legally obliged to adopt it. In practice, however, most councils do follow it.
The guidance says councils must make sure they only issue badges to residents who satisfy one or more of the criteria set out in legislation.
There are two types of eligibility criteria: where a person is eligible without further assessment, they will receive a Blue Badge; where a person may be eligible subject to further assessment.
Some people are automatically entitled to a blue badge (without further assessment). They must be over two years old and fall within one of the following categories: receives the Higher Rate of the Mobility Component of the Disability Living Allowance (HRMCDLA); or receives eight points or more under the “moving around” activity of the mobility component of Personal Independence Payment (PIP); or receives the mobility component of PIP and have obtained 10 points specifically for descriptor E under the “planning and following journeys” activity, on the grounds that you are unable to undertake any journey because it would cause you overwhelming psychological distress.
To qualify under the second criteria, an applicant must be more than two years old and fall within one or more of the following descriptions: drives a vehicle regularly, has a severe disability in both arms, or; has been certified by an expert assessor as having an enduring and substantial disability which causes them, during a journey, to: be unable to walk; experience considerable difficulty while walking, which may include considerable psychological distress; or be at risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person.
Applicants who can walk more than 80 metres and do not display considerable difficulty walking for any other reason, including considerable psychological distress, or serious risk to themselves or others, would not be eligible. If an applicant is unhappy with the outcome of an assessment, they may ask the council to review the decision.
What happened This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
In September 2022 Mrs X applied for a blue badge for her son, Mr Y. The application was made under the hidden disability criteria.
In October 2022 the Council asked Mrs X for further supporting documents for proof of the hidden disability and her address, which she provided on the same day.
The Council refused the application in November 2022. As Mr Y did not meet any of the automatic criteria, he was assessed under the “further assessment” criteria and failed to meet it.
In June 2023 Mrs X sent the Council further evidence to support his application, including a letter showing a reconsideration for his Personal Independence Payment (PIP). The letter showed Mr Y was entitled to the lower rate mobility payment and the higher rate for the care part.
The Council wrote to Mrs X saying it could not make a decision based on the information provided, and arranged a face to face assessment with an Occupational Therapist.
After the assessment the Council wrote to Mrs X in July 2023, and said Mr Y did not meet the criteria for a blue badge.
Mrs X made a complaint to the Council asking for a review of the decision. The Council response explained the blue badge is awarded automatically if the applicant is on a higher rate of mobility PIP, or if you cannot walk for over 50 metres. Mr Y did not meet this criteria so the application was refused.
Mrs X remained unhappy and complained to us. She said Mr Y is on the higher rate of mobility for PIP and should have automatically received a blue badge. She provided letters dated October and mid December 2023 to evidence this.
Analysis Mrs X made the application under the hidden disabilities criteria, and not under the PIP or other benefit award.
Throughout the application period (late September 2022 until late July 2023), the Council said Mrs X did not provide any evidence for an award for high-rate mobility PIP. The evidence she provided was for a high-rate carers part and this is not automatic grounds for a blue badge.
On the evidence provided I have found no fault in the Council’s actions in making its decision on the application.
The Council’s decision letter gave Mrs X appeal rights. Mrs X exercised her right of appeal. It was conducted correctly and considered all relevant information. The Council explained in the appeal decision the information provided did not prove Mr Y met the criteria for a blue badge. It reached and explained its decision in accordance with statutory guidance. As there was no fault in how the Council made its decision I cannot question the outcome.
The letter provided by Mrs X dated mid December 2023 is outside the application period and after an independent assessment was completed. It is open to Mrs X to reapply to the Council for a blue badge with this letter.
Final decision
I do not find fault with the Council for the consideration of Mr X’s blue badge application.
Investigator's decision on behalf of the Ombudsman