The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful Blue Badge application. This is because the Council has offered a new mobility assessment and will reassess the case.
The complaint
The complainant, Mrs X, disagrees with the Council’s decision not to issue a Blue Badge. She disputes the findings of the assessor after the mobility assessment.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the application, medical evidence and correspondence about the application. I also considered also Assessment Code.
My assessment
Mrs X applied for a Blue Badge. The Council did a mobility assessment and decided Mrs X does not qualify.
Mrs X disputes the findings of the mobility assessment. She denies she walked in the manner reported by the assessor and denies she said things reported by the assessor.
Given the conflicting reports of what happened during the mobility assessment, I asked the Council if it would offer another assessment. The Council agreed. It has offered Mrs X another assessment with a different assessor.
I will not investigate this complaint because the Council will reconsider the application after Mrs X has had another mobility assessment. Following the new assessment it will be for the Council, not us, to decide if Mrs X is eligible for a badge. We have no power to award a badge and cannot decide if someone is eligible for a badge.
Final decision
We will not investigate this complaint because the Council will do another mobility assessment.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman