Summary: We will not investigate Ms X’s complaint about the Council's refusal to renew her disabled person’s travel pass. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has refused to renew her disabled person’s travel pass. She says this has caused distress and reduced her ability to access her local community.

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 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))

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X applied to renew her disabled person’s travel pass. The Council decided Ms X did not meet the eligibility criteria so it would not renew it. Ms X appealed this decision.
7. As part of the appeal, the Council sought advice from Ms X’s GP. The GP told the Council that in their view, Ms X did not meet the criteria for a travel pass.
8. The Council refused Ms X’s appeal.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision the organisation made.
10. We will not investigate this complaint. Although I accept Ms X disagrees with the decision, there is insufficient evidence of fault in how the Council has considered the matter to warrant an investigation.
11. Ms X has told us that since the Council’s decision, she has obtained new evidence from a medical specialist to support her application. It is open to Ms X to re-apply for a travel pass, to allow the Council the opportunity to consider this new information.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman