Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for a disabled persons’ freedom pass. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision that she does not qualify for a disabled persons’ freedom pass.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the application form, medical evidence and the decision letters. I also considered our Assessment Code.

Back to top

My assessment

4. Ms X’s applied for a disabled persons’ freedom pass. She provided medical evidence which confirms she has a range of health issues. Ms X has a specific condition (A) which might mean she would qualify for a pass, depending on the severity. The Council asked Ms X to provide evidence showing the severity of condition A and how often she is affected by it. Ms X sent an email providing more information about condition A but she did not provide the supporting evidence as requested by the Council.
5. Ms X has referred to qualifying for a pass on the grounds of not being allowed to hold a driving licence, but she did not provide any evidence to support this.
6. The Council decided not to issue a pass because Ms X has not provided evidence to demonstrate that she qualifies.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because Ms X has not provided evidence to show she qualifies. It is not sufficient to provide evidence which confirms a diagnosis but gives no detail about the frequency or severity. There is no suggestion of fault in the way the Council reached the decision, so there is no reason to start an investigation. We are not an appeal body and it is not my role to decide if Ms X is eligible for a pass.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman