London Borough of Lambeth (21 012 215)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 05 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a disabled persons freedom pass because the Council has agreed to offer the complainant a face to face mobility assessment.
The complaint
- The complainant, whom I refer to as Ms X, disagrees with the Council’s decision that she does not qualify for a disabled persons freedom pass. Ms X thinks the Council would have made a different decision if she had had a face to face mobility assessment.
The Ombudsman’s role and powers
- 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 the Council offers a fair response to the complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Ms X applied for a disabled persons freedom pass. The Council did a phone assessment and decided Ms X is not eligible for a pass.
- Ms X disagrees with the decision. She thinks the Council would have made a different decision if it had carried out an in-person assessment and had the opportunity to observe her walking.
- The Council has agreed to do a face to face mobility assessment and reconsider the application. However, it may be some time before this happens due to the current high case numbers of COVID-19. I have asked the Council to contact Ms X when it can offer the assessment.
- I will not investigate this complaint because the Council has offered to do a face to face assessment when it is safe to do so. This is a fair way to settle the complaint as it will give the Council a chance to observe Ms X’s mobility and reconsider the application. We have no power to award a pass and, apart from an assessment, it is unlikely we could achieve anything more as an outcome.
Final decision
- We will not investigate this complaint because the Council will offer Ms X a face to face mobility assessment.
Investigator's decision on behalf of the Ombudsman