Council to review rejected Blue Badge applications after watchdog finds ‘injustice’

Watchdog said council disputed conclusion that it had caused ‘injustice’. Photograph: Hackney Council

Hackney Council is to review all blue badge applications it has rejected since last year after a watchdog found its assessments have gone against government guidelines.

Following a woman’s complaint after the council did not renew her disabled parking permit, the local government and social care ombudsman intervened and found the Town Hall had used a “flawed policy” in reaching its decision.

“It is likely more people in the borough have also been denied a blue badge when they would have qualified, had Hackney’s guidance followed that of the government,” said ombudsman Amerdeep Somal.

The watchdog judged that the council’s own scoring system for these applications made it “very difficult for people with disabilities to qualify for a permit” because it meant applicants had to demonstrate they had multiple ‘factors’ – contrary to the government’s own non-statutory advice.

Hackney’s assessment involves observing applicants’ ability to walk up to 80 metres, while including factors like speed, any reported pain and levels of “breathlessness”.

However, even though national guidelines says someone who walks very slowly may have “very considerable difficulty”, under the council’s ‘supplementary’ guidelines for assessors, this only merits only one point.

The watchdog concluded that the council’s rules meant any applicant who can walk this distance with only one difficulty –  such as pain, slow pace or breathlessness – would find it “impossible” to qualify for a blue badge.

“Even all three of these [difficulties] in combination, scored at the highest levels under the supplementary guidance, will leave an applicant four points short of the score needed,” the Ombudsman’s report stated.

“This is contrary to government guidance that makes clear that an applicant does not need to have multiple factors present to qualify.”

The watchdog said the council had only ‘partially’ accepted its findings, and disputed the conclusion that it had caused ‘injustice’.

The Town Hall said it had applied a scorings system used by other councils and reached the same decision over Mrs D’s blue badge.

But the ombudsman said this was “no substitute” for addressing flaws in Hackney’s own assessment process.

The council has now agreed to pay the woman £500 to “reflect the distress caused” and to review her eligibility for the parking permit.

It has also committed to reviewing the supplementary guidance it gives to assessors to make sure it is compatible with that of the government.

A council spokesperson said: “We have a responsibility to ensure disabled people in Hackney get the help and support they are entitled to, and it is clear that there are opportunities for learning in this instance.

“While we are confident that the majority of blue badge applications are assessed correctly, we have accepted the findings of the ombudsman’s investigation and are now reviewing the guidance we give our assessors to ensure our processes are fair and robust.

“Anyone in Hackney who has had a blue badge application refused since January 2024 will now receive a letter with the opportunity to have their application reassessed.

“We will do this once we have updated our procedures and by 1 June.

“We are also contacting the resident affected directly to offer a full apology for the distress caused.”