Summary: We will not investigate Mr X’s complaint about the Council’s refusal to issue his son a free bus pass. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council refused to issue his son a free bus pass. He says his son had one previously and that he needs it to keep in touch with the outside world.

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The Ombudsman’s role and powers

2. 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 or continue 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s son, Mr Z, previously received a free bus pass issued by another local authority. This bus pass was issued under the English national concessionary travel scheme (ENCTS). This scheme provides free local bus travel to eligible older and disabled people.
6. There are seven categories of disabled person identified as eligible for concessionary bus travel. For the purposes of this complaint, the two relevant categories are:
• Has a disability, or suffered an injury, which has a substantial and long-term adverse effect on his ability to walk.
• Has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning.
7. The scheme is administered by travel concession authorities (TCA). The Council is the TCA for Mr X’s area.
8. In March 2023, Mr Z’s mother made an application on his behalf for a free bus pass. The advisor asked Mr Z’s mother to provide information, including medical evidence, to show Mr Z had a learning disability. In May 2023, the Council asked Mr X to provide evidence of Mr Z’s learning disability to enable it to assess the application.
9. In June 2023, Mr X told the Council he did not consider it was necessary to provide proof of Mr Z’s learning disability. The Council explained the application had been cancelled as the required information had not been provided within the timescales set. The Council asked Mr X to send in the information, but Mr X refused.
10. The Council also explained the bus pass Mr Z was previously awarded had been given under the ‘ability to walk’ category. However, the application was made under learning disability category. The Council explained to Mr X why Mr Z did not qualify under the ‘ability to walk’ category and asked Mr X to provide evidence of Mr Z’s learning disability.
11. The Council issued an appeal decision which again set out that it was unable to process the application as the required information had not been provided. The Council again asked Mr X to provide the requested evidence.
12. At the end of June 2023, the Council confirmed it did not have an assessment centre and confirmed it would not pay for individuals to attend assessment centres. The Council again asked Mr X to provide the requested evidence.
13. In January 2024, the Council issued its final complaint response which confirmed the Council’s position that it was unable to assess Mr Z’s eligibility for a bus pass due to no documentation being provided to support the application.
14. An investigation is not justified as we are unlikely to find fault with the Council. This is because the Council has consistently explained to Mr X what information it needs before it can assess and reach a decision on the application. Further, the Council is entitled to ask for evidence as it needs to satisfy itself Mr Z meets the eligibility category of having a learning disability.
15. Mr X has not provided the required documentation and so the Council cannot assess Mr Z’s eligibility for a bus pass. It is open to Mr X to provide the Council with the information it requires to allow it to assess the application.

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Final decision

16. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman