Westminster City Council (25 008 649)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about problems the complainant had renewing a disabled person's freedom pass. This is because the Council has provided a satisfactory remedy.
The complaint
- The complainant, Mr X, complains about problems he encountered when he tried to renew his disabled person’s freedom pass. He wants the Council to admit it should not have cancelled his pass and to check if other people have had the same problem.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
- In December the Council sent Mr X a renewal form for his disabled person’s freedom pass which was due to expire in March. Mr X needed some information from the Council but it did not respond to his emails or calls. Due to the lack of response Mr X could not submit the form until mid-February. Unfortunately, a few days earlier, the Council cancelled his pass because he had not returned his renewal form before 3 February. Mr X says he could not send the form before the deadline because the Council had not responded or answered his questions.
- In response to his complaint the Council apologised for the lack of response and delays. It explained the steps it has taken to stop the problem being repeated, refunded the additional travel costs Mr X incurred while he was without a pass, and awarded £50 in recognition of his distress and inconvenience. The Council explained it had deactivated the pass because it had not received the renewal form.
- I will not start an investigation because the Council has provided a fair and proportionate response which remedies the injustice caused to Mr X. The Council has admitted poor service, apologised, paid a refund and compensation, and taken steps to improve its service. Mr X wants the Council to answer additional questions, and clarify points about the renewal process, but the Council has provided a fair remedy and there are no outstanding issues that require an investigation.
Final decision
- We will not investigate this complaint because the Council has provided a satisfactory remedy.
Investigator's decision on behalf of the Ombudsman