Portsmouth City Council (23 016 714)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 27 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an application for a concessionary bus pass. This is because there is insufficient evidence of fault by the Council and because the Council has now issued a pass.
The complaint
- The complainant, whom I refer to as Mr X, complains about the Council’s decision not to issue a concessionary bus pass. He says he is being victimised by the Council and has referred to there being a hate crime and race crime.
The Ombudsman’s role and powers
- We investigate 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the supporting evidence Mr X provided. I also considered our Assessment Code.
My assessment
- Mr X applied for a concessionary bus pass. The Council refused the application because Mr X had not provided enough evidence to show he qualifies for a pass.
- Mr X complained. He explained why he needs a pass and said he was the victim of a hate and race crime by the Council.
- The Council provided more information about the information Mr X needed to send. It referred his complaint of discrimination to its Equalities and Diversity officer. The officer found no evidence to support Mr X’s allegation of discrimination or a hate crime.
- Mr X sent the Council more information. The Council considered the new evidence and decided it showed Mr X is entitled to a pass. The Council contacted Mr X to explain it will give him a pass.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council initially refused the application because Mr X had not shown he met the qualifying conditions. But, once Mr X provided the evidence the Council issued a pass. In addition, the Council responded appropriately by referring his complaint of discrimination and victimisation to its Equality and Diversity officer who found nothing to demonstrate the Council was treating Mr X unfairly.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman