Summary: Mr X complained the Council failed to properly consider his request for a concessionary bus pass for his son, Y. The Council was not at fault.

The complaint

1. Mr X complained the Council failed to properly consider his request for a concessionary bus pass for his son, Y. He said the bus pass would support Y when using public transport.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I discussed the complaint with Mr X.
5. I read the Council’s response to Mr X’s complaint.
6. I referred to the relevant legislation.
7. Mr X and the Council both had the opportunity to comment on my draft decision.

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What I found

8. In England, disabled people may be eligible for free or low-cost travel as part of the ‘English National Concessionary Travel Scheme’. There are several categories of disabled people who are entitled to concessionary travel. These are set out in the Transport Act 2000. They include a person who has:
• A learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning.
9. Applicants must apply for a travel pass to the issuing authority in the area that they live.

What happened

10. Y has a diagnosis of Asperger’s. He has had an EHC Plan since June 2017. In September 2019, Y transferred to college. Before starting, the Council provided him with independent travel training.
11. Mr X said the officers completing the independent travel training suggested he apply for a concessionary bus pass for Y, which he did. The Council refused the application. Mr X supplied a letter from the Child and Adolescent Mental Health Service (CAMHS) supporting the application. That letter explained the difficulties Y had with social interaction. However, it stated that Y did not have a learning disability.
12. The Council reviewed Mr X’s application and the supporting evidence. It wrote to Mr X and said that Y did not meet the criteria for a concessionary bus pass. It recognised that Mr X wanted a bus pass for Y to reduce the need for social interaction between him and the driver. The Council referred to Y having a ‘Bridge Card’ that alerted the bus driver to Y’s needs. The Council suggested that Mr X buy a bus pass to allow Y unlimited travel without the need for social interaction. It said Mr X could complain to the Council if he was unhappy with its decision.
13. Mr X complained. He said the Council had failed to use its discretion in its refusal to provide Y with a concessionary bus pass. He sent a further email stating Y had been charged full rate by the bus driver which had left him worried about using the bus.
14. In the Council’s response to Mr X’s complaint, it said that it had to apply the criteria set out in the Transport Act 2000 consistently to ensure a fair approach. It offered further independent travel training if Y still needed help using the bus.
15. Mr X remained unhappy with the Council’s response and complained to the Ombudsman.

My findings

16. The Transport Act 2000 sets out the disability criteria for a concessionary bus pass. The Council must issue a concessionary bus pass to those people fulfilling the criteria. Y does not have a learning disability and therefore is not eligible for the bus pass. The Council does not have to apply discretion in its decision making. The Council was not at fault.

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Final decision

17. There was no fault in the Council’s decision not to issue Y with a concessionary bus pass. Therefore, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman