Summary: Miss X complained the Council bought a bus pass out of her own money when she was eligible for a free travel pass. The Ombudsman finds the Council acted without fault.

The complaint

1. Mr Y complained on behalf of his girlfriend Miss X. Mr Y said the Council wrongly bought a bus pass for Miss X out of her own money, when it should have been free because she has a learning disability. He said the Council should financially reimburse Miss X the cost of the travel pass.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I discussed the complaint with Mr Y and considered the Council’s complaint response. I read Miss X’s case records and assessments.
5. Mr Y and the Council both had the opportunity to comment on my draft decision.

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What I found

6. In England, disabled people may be eligible for free or low-cost travel as part of the ‘English National Concessionary Travel Scheme’. There are several categories of disabled people who are entitled to concessionary travel. This includes a person who has:
• A learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning.
7. Applicants must apply for a travel pass to the issuing authority in the area that they live.

What happened

8. Miss X is a young adult who used to be looked-after by the Council. Miss X has learning needs. She does not have a formal diagnosis of a learning disability. Miss X no-longer lives in the Council’s area.
9. After Miss X turned 18, the Council applied to be the appointee for Miss X’s benefits. This was because it assessed her as not being able to independently manage her finances. Miss X received Personal Independence Payments (PIP); these were paid into a corporate bank account managed for her by the Council.
10. In 2015 Miss X was assessed by a Clinical Psychologist. Their assessment stated that Miss X “is unlikely to meet diagnostic criteria for a learning disability”. In 2016, Miss X had a further assessment with a Psychologist. That assessment also concluded Miss X did not have a learning disability but may have a learning difficulty.
11. In 2017, Miss X asked the Council on several occasions for a bus pass. The Council bought one for £510 to cover the area that she lived in. It bought the pass out of her benefits as these included money for travel though the mobility allowance.
12. In 2018 the Council stopped being the appointee for Miss X’s finances and Mr Y, acting as Miss X’s carer, began to support her with her finances. Following this, Miss X complained to the Council, through an advocate, that it had wrongly used her money to buy the bus pass. She said she had told the Council she was entitled to a free travel pass because she was claiming disability allowance and PIP. She said the Council had spent £510 of her money incorrectly.
13. The Council responded to the complaint and explained that she was not eligible for free bus travel because she did not have a formal diagnosis of a learning disability.
14. Mr Y brought Miss X’s complaint to the Ombudsman. He said Miss X gets the higher rate of PIP and disability allowance and that she is currently undergoing an assessment for autism. Therefore, she meets the criteria for a free travel pass.

My findings

15. Although Miss X receives a higher rate of PIP and DLA, that is not one of the eligibility criteria for a disabled person’s travel pass.
16. The authority issuing the travel pass stated the applicant must have a learning disability to be eligible for a free travel pass. At the time the Council bought Miss X a bus pass, she did not have a formal diagnosis of a learning disability. Therefore, the Council could not support an application for a disabled travel pass for Miss X. The Council was not at fault.

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Final decision

17. Miss X complained the Council bought her a bus pass which she should have got for free. The Council was not at fault therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman