The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's decision not to issue a Blue Badge. This is because the Council is considering a new application and there is nothing more we could achieve at this stage. It has also recommended service improvements.
The complaint
The complainant, Mr X, complains about the Council’s decision to refuse his application for a Blue Badge. Mr X says the Council did not consider all his medical conditions. Mr X also says the Council issued a bus pass but refused to issue a 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 an investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is our decision whether to start an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. I also spoke to Mr X and considered our Assessment Code.
My assessment
Mr X applied to renew his Blue Badge last September. He also applied for a bus pass (disability based).
The Council did not issue a badge because it decided Mr X does not meet the qualifying conditions. Mr X disagrees and says the Council did not consider all his medical issues.
The Council issued a bus pass. It did this because Mr X’s GP said he thought Mr X would qualify for eight mobility points with the Personal Independence Payment (PIP). However, Mr X receives four PIP points for mobility; Mr X says this is because he has not been reassessed for PIP for some time due to Covid.
Mr X submitted a new application for a Blue Badge in May which the Council is considering.
If we investigate a Blue Badge complaint, and find fault, we usually ask a council to reconsider the case. In this case, the Council is already reconsidering the application because Mr X submitted a new application. We will not start an investigation because there is nothing further we could achieve as an outcome. If the Council decides to refuse the May application, and Mr X thinks there was fault in the way the Council made the decision, he can make a new complaint to us.
The Council made the bus pass decision based on the opinion of Mr X’s GP which is different to that stated in the current PIP decision. The Council told me the bus pass team are separate to the badge team and cannot access the Department for Work and Pensions system to find out if someone gets PIP. The Council has made a recommendation for the bus pass team to have direct access to information about PIP awards. This procedural improvement is another reason why I will not start an investigation because the Council is already taking steps to improve its service.
Final decision
We will not investigate this complaint because the Council is considering a new Blue Badge application and has recommended procedural improvements.
Investigator's decision on behalf of the Ombudsman