Summary: We will not investigate this complaint about a blue badge application. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X says the Council has wrongly refused his application for a blue badge and has not considered his supporting medical evidence. He wants the Council to reassess him.

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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 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))

3. 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the ‘Blue badge scheme local authority guidance (England)’ issued by the Department for Transport.

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My assessment

7. People may qualify for a blue badge if they are unable to walk, experience considerable difficulty when walking or are at serious risk of harm when walking.
8. The relevant consideration for the Council under government guidance is whether Mr X is:

• a person who has been certified by an expert assessor as having an enduring and substantial disability which causes them, during the course of a journey, to be unable to walk, experience very considerable difficulty whilst walking, which may include very considerable psychological distress.

9. The guidance also says that an applicant may be eligible for a blue badge if they cannot walk 30 metres or demonstrate difficulty in walking 30-80 meters. The Council conducted a face-to-face assessment by an expert assessor, who observed Mr X walking for 30 meters and assessed a combination of factors including his manner of walking, speed, and the length of time he was able to walk without stopping. The assessor accepted Mr X has a disability which causes him difficulty walking, but decided the difficulties they observed were not so bad he meets the criteria for a blue badge. The assessor also considered Mr X’s supporting medical evidence and what he told it about how his symptoms affect him.
10. The Council has therefore followed the correct process, and we cannot criticise its decision, even though Mr X strongly disagrees with it.
11. Mr X also says the Council took too long to process his application. However, we cannot say any fault by the Council caused Mr X any injustice. The Council decided Mr X did not meet the eligibility criteria when assessed, so he was not without a blue badge he should have had.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman