The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a Freedom Pass (disability based). This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, complains about the Council’s decision that she does not qualify for a Freedom Pass (disability based). Mrs X says she needs a pass because she has problems with her vision.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the application form, medical evidence, benefit award and decision letters. I also considered our Assessment Code.
My assessment
People with sight problems may qualify for a pass if they provide evidence they are registered as blind or partially sighted, or if they provide evidence they receive eight moving around points of the Personal Independence Payment (PIP).
Mrs X applied for a pass. She sent a medical letter which explains she has problems with her vision. Mrs X also sent evidence of her PIP award; Mrs X receives 12 PIP points because she cannot plan or follow the route of a familiar journey without help. The award letter says she receives no points for moving around.
The Council decided Mrs X does not qualify for a pass because she had not provided evidence she meets the qualifying criteria.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mrs X did not send the Council evidence that she is registered blind or partially sighted and she did not send evidence that she gets moving around points with PIP. Mrs X receives 12 PIP points for following a journey but this element of PIP does not mean people qualify for a pass. The Council correctly interpreted the rules and the evidence so there is no reason to start an investigation.
I appreciate Mrs X disagrees with the decision and says she needs a pass. But, we do not act as an appeal body and have no power to issue a pass. We can only intervene if there is fault in the way a council makes a decision and I have not seen any suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman