The Ombudsman's final decision
Summary: We will not investigate this complaint about an application for a blue badge because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, says the Council delayed processing her blue badge renewal and then only issued it until March 2026. She says the Council should have renewed the badge for three years.
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))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the evidence she submitted to support the claim. I also considered our Assessment Code.
My assessment
People can automatically qualify for a badge if they receive certain descriptors with a benefit called PIP. If an award is based on a PIP award, the guidance says the Council can only issue a badge for the duration of the PIP award.
People who are not passported via a PIP award can still qualify for a badge if they demonstrate they are virtually unable to walk. A badge assessed on this basis can be awarded for three years from the date of issue.
Ms X applied to renew her badge in January; she was applied under the PIP rules. She submitted a PIP letter dated from 2022. In January and March the Council asked her to provide current proof of address and current proof of the PIP award. The Council could not process the application until she provided this current information.
Ms X provided the information in May and the Council awarded another badge. The Council awarded the badge until March 2026 because the PIP award ends in March 2026.
Ms X complained about the delay in issuing a new badge and because the Council only issued it until March 2026. In response, the Council explained it could not process the new application until Ms X provided the correct supporting information. It also explained the PIP award limits the duration of the award. The Council invited Ms X to apply under the discretionary rules and said that if she qualified for a badge under these rules she could receive a badge for three years. The Council says Ms X has not submitted an application under the discretionary rules.
I will not start an investigation because there is insufficient evidence of fault by the Council. I have seen the evidence Ms X submitted with the January application and it was not current. I have also seen evidence the Council asked for the correct evidence in January and March. The new badge was not processed until May but there is nothing to suggest this was due to delay by the Council.
I appreciate Ms X would like the badge to be issued for three years, based on the PIP award, but the Council correctly followed the guidance by issuing the badge until the end of the PIP award. Ms X could ask the Council for a discretionary assessment to see if she could get a badge for three years.
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