Summary: We will not investigate this complaint about an unsuccessful application for a Disabled Person’s Freedom Pass. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains about the Council’s decision to refuse her application for a Disabled Person’s Freedom Pass. She says the Council discriminated against her on the grounds of mental health.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the correspondence about the application and medical evidence. I also considered our Assessment Code.

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My assessment

5. People may qualify for a Freedom Pass under the Council’s discretionary scheme if they have a physical or mental health disability which has a substantial impact on their ability to carry out normal day to day activities.
6. Ms X applied for a Freedom Pass. She provided evidence of depression, her medication, and a letter from a counsellor, from 2019, saying her mental health would have a massive impact on her performance in exams.
7. The Council refused the application because it decided the evidence does not show Ms X satisfies the criteria for a pass.
8. Ms X says she provided evidence and the Council has refused to accept mental health as a disability. She says the Council discriminated against her.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council did not refuse the application because Ms X has a mental health condition but because the evidence she supplied does not show her condition has a substantial effect on her ability to carry out daily tasks. I have considered the evidence, and the qualifying criteria, and I see no suggestion of fault in the way the Council made this decision. The GP evidence is silent on Ms X’s ability to perform daily tasks and the report seems to relate to 2023. The university letter is from 2019 and does not comment on Ms X’s current situation.
10. I appreciate Ms X disagrees with the decision but we are not an appeal body. It is not my role to decide if Ms X is eligible for a pass and I have no power to issue a pass. I can only consider if there was fault in the way the Council made the decision and I see nothing to suggest fault or discrimination.

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Final decision

11. 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