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.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision not to issue a Blue Badge. He complains the Council did not ask a doctor to assess his application and says the Council did not properly consider all his medical conditions.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the application, medical evidence and mobility assessment. I also considered our Assessment Code.

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My assessment

5. People may qualify for a badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
6. The guidance says 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.
7. Mr X applied for a badge. He explained his medical conditions, the impact and provided medical evidence. The Council completed an assessment. The assessment notes show the Council considered Mr X’s application and what he reported about his mobility, the medical evidence, appeal and the Blue Badge rules. The Council cross-referenced the evidence with the qualifying criteria and agreed Mr X has some serious medical issues. But, it decided the evidence does not show his difficulties are to the extent that he qualifies for a badge
8. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and I can only consider if there is fault in the way a council makes a decision. I have no power to award a badge and it is not my role to re-assess the claim or decide if Mr X is eligible for a badge.
9. Mr X disagrees with the Council’s decision but we can only intervene if there is fault in the way the Council made the decision. I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the Blue Badge rules. The notes show the Council considered all Mr X’s medical conditions and there is no requirement for councils to use a doctor or nurse to complete the assessment. As there is no suggestion of fault there is no reason to start an investigation.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman