Summary: The Ombudsman will not investigate this complaint that the Council will not accept driving lessons as disability related expenditure. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Coujcil will not accept the cost of driving lessons as disability related expenditure.

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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 response. I asked the Council if Mr X had provided the information it has asked for. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

4. In 2014 Mr X had to stop using his mobility scooter for health reasons. He took driving lessons. He says he had to take lessons in an automatic car which were more expensive.
5. Mr X took lessons for a year and then passed his test. He found that the cost of the lessons, and driving, put him into debt. He took out a bank loan which he finished repaying in late 2018.
6. Mr X asked the Council to treat the bank loan as a disability related expenditure (DRE). A DRE can reduce the amount that someone has to pay towards their care costs. The Council said it would not accept the loan as a DRE as there was no evidence it was for disability related expenses. But, it said it would consider treating some of the cost of the driving lessons as a DRE if Mr X provided proof of the cost of the lessons. The Council told me that Mr X has not provided this evidence. The Council will consider accepting part of the cost as a DRE if Mr X provides the proof it has asked for.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council said it would consider treating part of the cost of the driving lessons as a DRE if Mr X provided evidence of the cost. Mr X has not provided the evidence so the Council could not consider accepting it as a DRE. If Mr X sends the proof to the Council it will consider the matter further.
8. Mr X says he has not received anything from the Council asking for evidence. However, I have seen the letter the Council sent and it used the correct address. It is unfortunate that Mr X was unaware of the letter but now that he knows what the Council needs he can send the information to the Council so it can consider if it can take some of the costs into account.

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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