Summary: We will not investigate this complaint about the Council’s decision not to renew the complainant’s disabled travel pass. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to renew his disabled travel pass. Mr X is unhappy that he will now have spend money on an oyster card.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s letter explaining it would not renew the travel pass. I considered the application form Mr X completed and the medical evidence he submitted. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

4. People can qualify for a disabled person travel pass if they have a learning disability which is classified as a significant intelligence and social functioning impairment (class F).

What happened

5. The Council awarded a disabled travel pass to Mr X in 2015. The Council awarded it under class F.
6. In 2020 Mr X applied to renew the pass. He provided a report which says he has autism and moderate learning difficulties. Mr X provided another report which said he was at college. The report said he was studying for a GCSE and needs no support while travelling within the local community.
7. The Council decided not to renew the pass because Mr X had not provided any evidence that he has a leaning disability.
8. Mr X disagrees with the Council’s decision because it awarded a pass in 2015. Mr X says he will have to buy an oyster card which will have a financial impact.

Assessment

9. I will not start an investigation because there is not enough evidence of fault by the Council. This is because the rules say a person will qualify for a pass if they have a learning disability. The evidence Mr X has submitted says he has autism and learning difficulties – neither represent a learning disability. There is no suggestion of fault by the Council because Mr X has not provided evidence that he has a learning disability.
10. I do not know why the Council awarded a travel pass in 2015. The Council might have made a mistake in 2015 and awarded a pass in error. However, if the Council did make a mistake in 2015 that does not mean it must renew the pass, unless Mr X can show that he qualifies.

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Final decision

11. I will not start an investigation because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman