The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because the Council will accept an early new application from the complainant.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s decision to refuse his application for a Blue Badge. In particular, he complains the Council has not properly assessed his application in relation to his hidden disabilities. Mr X wants the Council to issue a badge.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the application form, medical evidence, mobility assessment and decision letters. I also considered our Assessment Code.
My assessment
People can apply for a Blue Badge for physical mobility problems and hidden disabilities which make it difficult to access goods and services. Hidden disabilities can include issues such as mental health conditions, dementia, epilepsy or incontinence. Not everyone with a hidden disability will qualify for a badge.
Mr X applied for a badge under the walking (physical criteria). He did mention some hidden disability issues but the focus of the claim and assessment was the physical rules that he applied under.
The Council refused the claim in November and said Mr X could reapply after six months.
In response to my enquiries the Council said it will accept a new application now so Mr X can claim under the hidden disability rules. The Council said that as Mr X had applied under the physical criteria a new application will give Mr X the opportunity to provide more detailed information about his hidden disabilities and how they affect his mobility. The Council suggested Mr X supply supporting medical evidence regarding his hidden disabilities and the impact on his ability to walk.
I will not start an investigation because I am satisfied with the Council’s offer to accept an early new application from the Mr X. This is a fair way to settle the complaint because it gives Mr X a chance to focus on his hidden disabilities and provide evidence. We have no power to award a badge and it is not my role to decide if Mr X is eligible for a badge.
Final decision
We will not investigate Mr X’s complaint because the Council has offered to accept an early new application which is a fair way to settle the complaint.
Investigator's decision on behalf of the Ombudsman