The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse him a blue badge. This is because it is unlikely we would find fault in the Council’s decision making.
The complaint
Mr X complains about the Council’s decision not to issue him a disabled person’s parking badge (‘blue badge’). He believes the Council’s decision did not properly consider his hidden disabilities.
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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I also considered the Ombudsman’s Assessment Code and the Department for Transport’s blue badge guidance.
My assessment
Mr X applied for a blue badge on the grounds that his psychological and neurological conditions affect his mobility. He provided medical evidence to support his application. The Council assessed his application and decided Mr X was not eligible for a blue badge because the evidence did not show that his conditions affect his mobility to a level of significant difficulty.
Mr X appealed the Council’s decision. He did not provide any other supporting information however the Council did a mobility assessment. The Council was not satisfied that Mr X had demonstrated significant difficulty with walking on assessment and upheld its decision on appeal.
Mr X later applied for a second appeal. He did not provide any other information or evidence, and the Council upheld its decision again on second appeal.
Mr X is dissatisfied with the Council’s decision and he believes it fails to properly consider his psychological and neurological conditions which have an invisible impact on his ability to walk.
The Department for Transport’s blue badge guidance allows the Council to issue blue badges for those who experience difficulty walking due to an invisible (hidden) disability. Applicants must show they are unable to walk or have considerable difficulty walking, including considerable psychological distress, or that they may be at risk of serious harm to themselves or others when walking.
We are not an appeal body. Our role is to consider how the Council reached its decision. The evidence I have seen shows the Council considered Mr X’s application, his medical evidence, and the results of the mobility assessment against the blue badge eligibility criteria. I am satisfied it was open to the Council to refuse Mr X’s application as it was not satisfied his conditions reach the threshold for awarding a blue badge. It is unlikely an investigation by us would find fault in the Council’s decision making. Therefore, I will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the evidence suggests the Council reached its decision properly. Therefore, it is unlikely we would find fault in the Council’s decision making.
Investigator's decision on behalf of the Ombudsman