The Ombudsman's final decision
Summary: We will not investigate this complaint about a delay by the Council in renewing the complainant’s Freedom Pass. This is because there is insufficient evidence of fault causing injustice.
The complaint
The complainant, Ms X, says the Council delayed renewing her Freedom Pass (disability based) and left her without a pass. She sent medical evidence which the Council rejected and, despite chasing, the Council has never responded.
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, or any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
Ms X had a Freedom Pass which expired in March 2024. The pass had been issued on the grounds that Ms X cannot hold a driving licence due to her health.
The Council started the renewal process in October and asked for current medical evidence. In November Ms X’s representative sent evidence but it was not sufficient to show Ms X still qualifies for a pass. The Council explained this to the representative in December. The representative did not tell Ms X.
Ms X says she made many calls to the Council which were not returned. The council has a record of one call it did not answer.
In March an officer explained to Ms X what information she needed to supply. The Council explained she could get evidence from a medical professional or from DVLA. As an alternative the Council said Ms X could apply for an over 60s oyster card.
Ms X submitted a letter from her GP but the Council decided it was not sufficient to show she is barred from driving.
The Council told me today that it has not heard from Ms X since late April and she has not provided evidence to show she is eligible for a pass.
In response to Ms X’s complaint the Council explained it cannot issue a pass until she provides the required evidence. It apologised for a failure to reply to some calls and said it did not know the representative had not updated Ms X in December. It said that, going forward, it will send responses to the applicant and the representative.
I will not investigate this complaint because there is insufficient evidence of fault causing injustice. There have been some weaknesses in the Council’s response but it was not responsible for the representative not updating Ms X and the Council explained in March the evidence Ms X needs to supply. But, by mid-June Ms X has not provided sufficient evidence, so the Council cannot issue a pass. I appreciate Ms X sent information from her GP but the Council decided it did not show eligibility for a pass and that was a decision it was entitled to make. As an alternative the Council suggested Ms X apply for a, oyster card which would provide free travel.
I appreciate Ms X says the Council handled her case badly but, as she has not provided the required evidence, the impact is not enough to warrant an investigate. It is still open to Ms X to provide current proof that she cannot drive for medical reasons.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault causing injustice.
Investigator's decision on behalf of the Ombudsman