Summary: We will not investigate this complaint about the Council’s decision that the complainant does not currently qualify for a disabled persons freedom pass. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council will not give her a disabled persons freedom pass. Ms X has mental health problems and has had a freedom pass before.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes email exchanges between Ms X and the Council. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Mental health conditions are not a qualifying condition for a freedom pass. People may qualify if the DVLA tells the Council the person is medically unfit to drive.
5. Mental health conditions used to be a qualifying condition for a pass. When the rules changed the Council decided it would give a pass to people if the person was under the care of the Mental Health team and receiving a care package. In addition, the Mental Health team must assess the person as qualifying for a pass.
6. Ms X has never had a freedom pass issued by this Council. She applied for a pass from this Council and sent a letter from her GP saying that she has a history of mental illness and had been referred locally for treatment. Ms X says she is on the waiting list for the Mental Health team.
7. The Council refused the application for a pass because Ms X is not currently under the Mental Health team and it has not received information from the team saying she qualifies for a pass. The Council told Ms X it would reconsider the application when it receives the paperwork from the Mental Health team.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Under the current rules mental health conditions are not a qualifying condition for a pass. However, the Council will reconsider the application once Ms X has been assessed by the Mental Health team and the team has submitted information to the Council. We have no power to award a pass and cannot tell the Council to issue one.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman