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 not to issue another Blue Badge.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Mr X and the Council. This includes Mr X’s medical evidence and correspondence about the application. 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 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.
7. Mr X had a serious accident which affected his mobility. He was awarded a Blue Badge for three years.
8. Mr X applied for another badge. The Council considered the application and the medical evidence, and did a mobility assessment where an assessor asked questions and watched Mr X while he walked. The Council accepted Mr X still has problems following the accident but decided the current impact is not to the degree that he qualifies for a badge. Mr X disagrees.
9. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to issue a badge and it is not my role to re-make the decision or decide if Mr X is eligible for a badge.
10. I appreciate Mr X disagrees with the decision and has explained he still experiences problems as a result of the accident. However, the Council considered all the information, and the guidance, and decided not to issue another badge. This was a decision the Council was entitled to make and I have not seen any suggestion of fault in the way the Council assessed the application and made the decision.

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Final decision

11. 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