Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to renew the complainant’s Freedom Pass. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision not to renew his Freedom 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’. 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, or
• the injustice is not significant enough to justify our involvement.

(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 considered the government guidance and the mobility assessment. I invited Mr X to comment on a draft of this decision.

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What I found

Freedom pass – disability

4. People can qualify for a Freedom Pass if they have a disability which causes a substantial and long-term adverse affect on their ability to walk. People also qualify if they have a medical condition which means they would not qualify for a driving licence on medical grounds. The guidance recommends councils assess eligibility based on independent assessment rather than on evidence from the applicant’s GP. People also qualify if they receive certain benefits.
5. People who are aged over 60 can apply for a 60+ Freedom Pass. There is an initial fee of £20 and an annual fee of £10. The pass gives free travel on public transport in Greater London.

What happened

6. Mr X had a Freedom Pass for about 10 years. It was awarded on the basis of information from his doctor. In the past Mr X has been disqualified from driving for medical reasons. The DVLA renewed his licence in 2019. Mr X does not receive a benefit which means he qualifies for a pass based on that benefit.
7. Mr X applied to renew his Freedom Pass. The Council did a mobility assessment. The assessor noted Mr X’s medical problems which include physical and mental health problems. The assessor was aware that the DVLA had previously revoked Mr X’s licence. The assessor noted Mr X’s perspective of his mobility problems. The assessor found that Mr X can walk between 50 to 80 metres at a slow speed and with an unusual gait. She noted some slight breathlessness and that Mr X prefers to go out with someone as he is worried he will fall. The assessor decided Mr X does not qualify for a Freedom Pass but she had some concerns about whether he is medically fit to drive due to balance problems. She told Mr X he would be eligible for a 60+ pass when he became 60 years old in January 2020.
8. Mr X disagrees with the decision. He had a pass for 10 years and says the Council ignored his mental health problems.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council did consider Mr X’s mental health problems but they are not a qualifying route for a Freedom Pass unless the DVLA decides someone is medically unfit to drive. The Council considered Mr X’s ability to walk and considered speed, distance, gait, walking aids and breathlessness. It also took into account Mr X’s views about his mobility. The notes show there was a proper consideration of each point and the guidance says councils should base the assessment on a mobility assessment rather than on information from the applicant’s doctor. In addition, the fact that Mr X has previously had a pass is not a guarantee that it will always be renewed.
10. I also will not start an investigation because there is insufficient evidence of injustice. This is because Mr X can apply for a 60+ plus card and an initial fee of £20, followed by an annual fee of £10, is small when considered against the savings of not paying to use public transport. In addition, Mr X could ask the DVLA to consider if he is medically fit to drive. If the DVLA said he was unfit to drive then Mr X would qualify for a Freedom Pass.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman