Summary: We will not investigate this complaint about the Council’s refusal to award a Blue Badge. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains on behalf of her relative, Mrs Y, about the Council’s refusal to award Mrs Y a Blue Badge. Miss X says the Council’s mobility assessment did not capture the full extent of Mrs Y’s condition as she experiences pain unexpectedly.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 or continue 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))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council said as Mrs Y did not automatically qualify, it considered her application under the ‘subject to further assessment’ eligibility criteria.
8. Government guidance says applicants must be assessed to have an enduring and substantial disability meaning they are unable to walk, or experience considerable difficulty while walking, to qualify.
9. In the context of walking disabilities, this means experiencing excessive pain or breathlessness as a direct result of walking. The mobility assessment also assesses the manner in which an applicant walks. It notes that an applicant is not eligible if they walk more than 80 meters without considerable difficulty.
10. The Council assessed Mrs Y’s walking ability and the supporting medical evidence. It said Mrs Y’s level of impairment did not meet the mobility criteria to qualify for a Blue Badge. It explained that, although with a slight flexed posture, Mrs Y walked over 80 meters unaided, and with the speed and pace expected of her age. It noted Mrs Y did not present with any pain, breathlessness or balance issues while walking. And that she manages any pain with over-the-counter medications.
11. I will not investigate Miss X’s complaint. There is not enough evidence of fault in the Council’s decision making which is in line with the published guidance. Therefore, I cannot question its decision.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman