Summary: We will not investigate this complaint about the Council’s decision not to issue a companion bus pass. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not issue a companion bus pass so he can travel with his wife on public transport. He wants the Council to issue a pass.

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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 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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council gave Mr X’s wife a bus pass because she has a medical condition which means she cannot hold a driving licence.
5. Mr X asked for a companion bus pass. He says his wife cannot travel alone. He provided supporting evidence from their doctor.
6. The Council decided Mr X is not eligible for a companion pass because his wife does not meet the criteria. The Council has not received evidence that Mrs X receives a specific level of Disability Living Allowance or Personal Independepnce Payment, is registered blind, or has a specific level of hearing loss. The Council said it cannot issue a companion pass because there is no evidence Mrs X meets the qualifying criteria. The Council said Mr X could travel with his wife but would need to pay; it also said the records showed Mrs X uses the pass.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council explained Mr X cannot have a companion pass because his wife does not meet the qualifying criteria. I appreciate Mr X provided medical evidence but that does not mean Mrs X meets the stated criteria. The Council’s decision reflects the policy so there is no reason to start an investigation.
8. We are not an appeal body and I have no power to award a pass or tell the Council it must issue a pass. We can only intervene if there is fault in the way a council makes a decision and I see no evidence of fault.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman