Summary: We will not investigate the complaint about the application process for freedom passes. This is because there is insufficient evidence of fault by the Council and because it will make changes to the wording on an application form.

The complaint

1. The complainant, who, I refer to as Mrs X, complains the Council has not dealt with her complaint about a disabled persons freedom pass and has been obstructive. She also says the Council has not updated its information. Mrs X wants a disabled persons pass.

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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 we decide:

• there is not enough evidence of fault to justify investigating, or
• the Council takes action to resolve the complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

4. The terms and conditions for the older persons freedom pass and the disabled persons freedom pass used to be the same. Transport for London made changes during the pandemic which meant people using the older persons pass could not travel for free before 9.00 am. These changes remain in force.
5. Mrs X applied for a freedom pass in early 2022. She had held a disabled persons pass which expired in 2020 which was issued by a different council. The wording on the Council’s website led her to believe she had to apply for the older persons pass. She applied and received the pass but could not travel before 9.00 am without having to pay a fare. Mrs X says she may need to travel before 9.00 am.
6. In July Mrs X applied for a disabled persons pass and complained she had been misled into applying for an older persons pass. She provided some medical information to support the application and a copy of the expired pass. Mrs X applied on the grounds that if she applied for a driving licence it would be refused.
7. The Council explained the changes that were introduced during the pandemic. It agreed to process an application for a disabled pass but said Mrs X needed to provide more evidence as the letters she had supplied were not sufficient. The Council said it had been wrong not to accept disabled applications for people over 60 and said it would update the website.
8. The current position is that the Council has not been able to make a decision on the application because Mrs X has not provided enough information. Although Mrs X provided a hospital letter which states staff agree with her decision to refrain from driving, the Council’s view is that this is not the same as DVLA saying she cannot drive. The Council has written to Mrs X’s consultant and is waiting for a response.
9. The Council has confirmed people who are over 60 can apply for either pass but they will only be given the disabled persons pass if they satisfy the medical criteria. The Council will change the wording on the disabled persons application form to state that people over 60 can apply for the older persons pass but there are time restrictions.
10. I will not start an investigation because there is insufficient evidence of fault and no evidence the Council is being obstructive as Mrs X suggests. Mrs X says it is clear she cannot drive and says she has provided enough information to show this. The Council, however, says she has not provided sufficient evidence. Mrs X has a condition which the law says must be notified to DVLA. I do not know if she has done this but, if she has, she would have a letter from DVLA stating whether she can drive. In addition, information from DVLA says that people with Mrs X’s condition might be able to drive so it is not fault for the Council to require further clarification. And, as Mrs X has not provided evidence from DVLA, the Council is seeking further evidence from the hospital. We have no power to issue a pass or to tell the Council to award one.
11. In addition, I have seen the proposed wording from the Council and it intends to alter the wording on the disabled persons application form to make it clear that older people can apply for an aged based pass but there are time restrictions. We would not ask the Council to do anything more even if we started an investigation.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault and because the Council will change the wording on the form.

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Investigator's decision on behalf of the Ombudsman