The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because it is unlikely we would find fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to issue a Blue Badge.
The Ombudsman’s role and powers
We investigate 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), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes Mr X’s application and medical evidence, the assessments and the Council’s decision. I also considered our Assessment Code.
My assessment
People might 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 government guidance says 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. The guidance does not say people who need a wide parking bay will qualify for a badge.
Mr X applied for a badge. He explained his walking has deteriorated and he finds it difficult to get out of a car using a standard size parking bay. He explained he needs to use a disabled bay which is wider. Mr X supplied medical evidence.
The Council did a mobility assessment. The assessor noted Mr X’s medical history, medication, history of falls and use of walking aids. The assessor observed Mr X while he walked 124 metres at a slow pace and using a stick. They noted Mr X walked with a mild impairment but with a fluid stride and was able to walk on an uneven surface. The assessor did not observe any pain during the walk but noted Mr X’s comments about pain. The assessor did not see any breathlessness but noted Mr X reports breathlessness when walking longer distances. Overall, the assessor found Mr X showed a degree of mobility problems but not enough to qualify for a badge.
I will not investigate this complaint because it is unlikely I would find fault. 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. It is not my role to decide if Mr X is eligible for a badge and we have no power to award a badge.
The Council considered the information Mr X provided and the findings of the mobility assessor. The assessment notes show the assessor 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 Mr X walked more than 80 metres and speed is not a qualifying factor when considered in isolation.
Mr X says he needs a badge so he can use disabled parking bays. He thinks it is wrong that the rules do not permit a badge for this reason and he would like us to recommend changes. The Blue Badge rules are set by government and must be followed by the Council. We have no power to change the rules or recommend they are changed. Mr X could contact his MP if he thinks the rules should be changed.
Mr X disagrees with the Council’s decision but I have not seen any fault in the way the Council reached that decision so there is no reason to start an investigation.
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