The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Blue Badge. This is because there is insufficient evidence of fault by the Council and because it will reconsider the application.
The complaint
The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to renew her Blue Badge.
The Ombudsman’s role and powers
The Ombudsman investigates 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, or the Council offers a fair response. (Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes Ms X’s application, the Council’s assessment and information from Ms X’s GP. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
People 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 guidance says that 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.
Ms X applied to renew her badge. The Council considered her application and noted that Ms X has had hip surgery, does not take prescribed pain killers and does not see a hospital doctor. Ms X reported pain when she walks, a fall, that she uses a stick, and that parking in disabled bays was helpful as it meant she could fully open the car door. During a conversation Ms X explained where she can walk to and the Council worked out that this equates to a distance of about 650 metres.
The Council asked Ms X’s GP for information. The GP said Ms X does not qualify for a badge.
Ms X says she has obtained new medical evidence since the Council made its decision. She denies she can walk 650 metres. She says she can walk 91 metres (100 yards) but would have to stop frequently.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. We are not an appeal body and cannot decide if someone is eligible for a badge. We have no power to award a badge.
We can only intervene if there was fault in the way the Council assessed the application and there is no suggestion of fault. The Council considered evidence from Ms X which included information about pain, how far she can walk, speed and medication. The Council also considered information from her GP. The Council’s decision is consistent with the evidence and the Blue Badge rules so there is no reason to start an investigation. I appreciate Ms X found it helpful to fully open car doors but this is not a qualifying factor for a badge.
I also will not start an investigation because the Council has said it will consider Ms X’s new medical evidence and, if it does not show she is eligible for a badge, the Council will offer a face-to-face mobility assessment.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the Council will reconsider the application.
Investigator's decision on behalf of the Ombudsman