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, Mrs X, complains about the Council’s decision not to issue a Blue Badge. She had a badge issued by a different council and says this council did not understand what she put on her application form.

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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 Mrs X and the Council. This includes the application, medical evidence and the Council’s decision. 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. Problems getting in and out of a car do not mean someone qualifies for a badge. A previous badge is not guarantee that another will be issued.
7. Mrs X applied for a badge. She referred to walking around the block although she referred to some pain while walking and said her walking can be laboured. She said her medication dulls the pain, enabling her to carry out her daily life. She said she sometimes uses a stick. Mrs X explained she needs a badge so she can park in a wider bay; without this she cannot get in and out of a car. Mrs X supplied hospital letters from 2017 and 2023. The letters did not comment on her ability to walk.
8. The Council assessed the application. It measured the distance around the block and found it to be about 455 metres. It noted there was no evidence of breathlessness, falls or balance issues, and that Mrs X had reported the medication dulls the pain. The Council also noted Mrs X reported intermittent use of a stick and that problems getting out of a car are not part of the eligibility criteria. The Council referred to Mrs X’s award of Personal Independence Payment (PIP) and that it does not passport her to a badge. The Council decided the evidence does not show Mrs X is eligible for a badge.
9. I will not investigate this complaint because it is unlikely I would find fault. We are not 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 award a badge and it is not my role to re-make the decision or decide if Mrs X is eligible for a badge.
10. The Council’s decision flows from the information provided by Mrs X and the guidance. The Council was aware Mrs X reported pain while walking but also aware that the distance she reported is considerably more than the limit for a badge. I have considered all the evidence and, given the absence of any current medical evidence that says Mrs X’s mobility is significantly restricted, combined with the information she provided, I see no reason to question the Council’s conclusion. It is correct that problems getting out of a car cannot be taken into account and there is no guarantee a badge will be re-issued.
11. I appreciate Mrs X disagrees with the decision but I have not seen any suggestion of fault in the way the Council reached the decision so there is no reason to start an investigation.

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Final decision

12. 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