Report from the Local Government and Social Care Ombudsman (reference number 24 003 887) - Section 31(1) Local Government Act 1974 and Section 5A Local Government and Housing Act 1989

May 19, 2025 Approved View on council website
Full council record
Content

RESOLVED:
 
1. 
Noted the findings and recommendations of the Local
Government and Social Care Ombudsman in the public interest report
appearing at Appendix 1.
 
2. 
Endorsed the steps, progress and timeline to implement
the recommendations contained in the LGSCO’s report as set
out in paragraph 5.10 of the report.
 
3. 
Adopted the report as the Council’s formal
response under s31 Local Government Act 1972 to be communicated to
the Local Government and Social Care Ombudsman.
 
4. 
Adopted the report as the Cabinet’s formal
response as required by section 5A Local Government and Housing Act
1989 for distribution to all members and the Monitoring
Officer.
 
REASONS FOR DECISION
 
The LGSCO report published on 10 April 2025
made a finding of fault causing injustice.
 
In respect of the complaint, the LGSCO has
recommended the following action be taken.
 
1. 
Apologise to Mrs D, accepting the findings of the LGSCO’s
investigation;
2. 
Make a symbolic payment of £500 to Mrs D to recognise the
distress caused by the Council’s fault;
3. 
To reassess Mrs D’s eligibility for a blue badge once the
Council has carried out a review of its existing policy;
4. 
To review the supplementary guidance the
Council gives to assessment officers on scoring applicants who
attend the Council’s assessment centre to ensure that the
guidance is compatible with its Mobility Assessment Guidance taking
account of the comments made by the LGSCO in its findings;
5. 
Once the review has been completed, write to all applicants refused
a blue badge since 1 January 2024 following an assessment at the
assessment centre to draw to their attention the LGSCO’s
public interest report and invite them to re-apply.
 
Notwithstanding the content of the report
itself, and as acknowledged by the LGSCO in their press release
dated 10 April 2025, the Council has agreed to accept the findings
and recommendations of the LGSCO.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Recommendations made by the LGSCO are not
legally binding upon an authority, but it is extremely rare for any
local authority not to accept such recommendations and take action
accordingly.
 
If the LGSCO is not satisfied with the
Council’s response they will make a further report explaining
this and making recommendations. The LGSCO can also require the
Council to make a public statement about the matter.
 
Whilst Cabinet could choose to reject any of
the recommendations made by the LGSCO this option has not been put
forward as it is considered that the LGSCO’s recommendations
are an appropriate remedy for the reasons set out in this
report.

Related Meeting

Cabinet - Monday 19 May 2025 6.00 pm on May 19, 2025

Supporting Documents

14 - Report from the Local Government and Social Care Ombudsman.pdf
14-1 - Appendix 1 - Public Report issued by Local Government and Social Care Ombudsman reference nu.pdf

Details

OutcomeRecommendations Approved
Decision date19 May 2025