Blue badge can apply to hidden or non-physical conditions

Wed,5 September 2018
News Equality & Rights

Lancashire County Council denied a man with Downs Syndrome a Blue Badge without ever assessing him in person, the Local Government and Social Care Ombudsman has found.

The council refused a Blue Badge re-application because it considered that walking difficulties arising from cognitive difficulties could not be considered when assessing someone for a badge.

When the father of the Blue Badge holder complained, the council made a second paper assessment, again denying the family the blue badge.

The family complained to the Local Government and Social Care Ombudsman, who found the council at fault for not offering a face-to-face assessment and criticised it for failing to consider cognitive difficulties, and because it did not properly consider the variable nature of the son’s condition. Read report

Ombudsman Michael King, said:

“It is important councils offer someone a face-to-face assessment if they question the outcome of a desk-based assessment, but this did not happen in this case.

“This is particularly important for people like the man’s son whose condition can vary and present differently from one day to the next.

“I’m pleased the council has now confirmed it is working to improve the service it offers to people with variable conditions and will now offer them face-to-face assessments.”

The council has since conducted a face-to-face assessment and concluded the son is eligible for a Blue Badge.

The council was wrong because the Blue Badge rules state the someone can get a badge if they have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking. The rules make no mention of whether this is due to physical or cognitive difficulty.

For more information see our information on the Blue Badge Scheme

The Local Government and Social Care Ombudsman’s role is to remedy injustice and share learning from investigations to help improve public, and adult social care, services. It has the power to make recommendations to improve a council’s processes for the wider public.

See our information on complaining about council decisions