London Borough of Newham (23 004 773)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 07 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing Miss X’s disabled freedom pass application. This is because an investigation would not lead to a different outcome.
The complaint
- Miss X complains about the Council’s decision to refuse her disabled freedom pass application. She says the Council has ignored her medical evidence.
The Ombudsman’s role and powers
- 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 or an investigation if we decide investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X applied for a disabled freedom pass. She provided medical evidence which noted she had substantial walking difficulties and details of her medical conditions.
- After consideration of her application, the Council determined she was not eligible for a freedom pass. The Council noted Miss X’s evidence did not demonstrate she had an impairment where she had suffered an injury which had left her with a substantial and long-term adverse effect on her ability to walk. The Council also noted Miss X had not provided evidence to support she had substantial difficulty walking.
- In response to our enquiries, the Council told us it had reviewed its freedom pass decisions following an Ombudsman report. After reviewing Miss X’s application and evidence, the Council has agreed to issue Miss X a freedom pass. The Council confirmed Miss X would receive her pass within 15 working days. Therefore, an investigation is not proportionate as there is nothing further we could achieve.
Final decision
- We will not investigate Miss X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman