Summary: We will not investigate this complaint about a disabled persons’ travel pass. This is because the Council will do a further assessment.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to renew her disabled persons’ travel pass. She says her circumstances have not changed and she provided lots of medical evidence. Ms X wants the Council to renew the pass.

Back to top

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 the Council offers a fair remedy. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes Ms X’s application and medical evidence. I also considered our Assessment Code.

Back to top

My assessment

4. Ms X applied to renew her travel pass. She submitted supporting medical evidence and completed a self-assessment form.
5. The Council decided not to renew the pass. This was mainly because Ms X had submitted a report which says her asthma is well-controlled and does not limit her activities. Ms X had also indicated she can walk further than the maximum distance that demonstrates eligibility for a pass.
6. Ms X stated on the self-assessment form that it takes her 10 minutes to walk 70 yards, that she gets breathless, has pain in her legs and has to stop regularly when walking. I asked the Council if it would do a mobility assessment to explore these points further. The Council agreed. It will do a phone assessment and, if it cannot make a decision, then do a face-to-face assessment. The Council will contact Ms X to make the arrangements.
7. I will not investigate this complaint because the Council will reconsider the application and do a mobility assessment, This will give Ms X another chance to explain her mobility problems and the Council can assess her application in more detail.
8. In addition, we are not an appeal body. We cannot decide if Ms X is eligible for a pass or award a pass. That is the role of the Council. There is no guarantee the Council will decide Ms X is eligible after the mobility assessment but reconsidering the application is a fair way to settle the complaint.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because the Council will reconsider her application and do a mobility assessment.

Back to top

Investigator's decision on behalf of the Ombudsman