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 give him a Blue Badge. He says the Council should recognise hidden disabilities and not discriminate.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. People may qualify for a badge if they are unable to walk, experience considerable difficulty while walking or are at serious risk of harm when walking. People with a non-physical disability (sometimes called a hidden disability) might qualify; they may qualify if they experience considerable psychological distress while walking. Not everyone with a hidden disability qualifies for a badge.
6. Mr X applied for a badge under the hidden disability rules. He explained he experiences considerable psychological distress because he worries about finding a parking space.
7. The Council considered his application but decided Mr X does not qualify for a badge because he had not demonstrated he experiences problems while walking. It referred to the evidence Mr X submitted but noted there was nothing to indicate he has difficulties while walking.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X explained the anxiety and distress he experiences about parking. However, as distressing as this may be, it is not an example of difficulties while walking. The Council rejected the application because Mr X had not demonstrated he experiences problems or psychological distress while walking; this decision reflects the guidance and rules relating to hidden disabilities.
9. I appreciate Mr X disagrees with the decision but we can only intervene if there is fault in the way a council has made a decision and I have not seen any suggestion of fault.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman