Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: May 19, 2025

Purpose:

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.