Summary: We will not investigate Miss X’s complaint about the Council not providing a bus pass for her child. This is because the Council has agreed to consider an application from Miss X and it is unlikely investigation would achieve significantly more for her.

The complaint

1. Miss X complains the Council did not provide a bus pass for her child, although they are eligible for free school transport. Miss X says the Council’s actions have caused her and her child distress.

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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 or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied for a bus pass for her child. She says her child is entitled to a bus pass because they have special educational needs and disabilities.
6. Miss X says the Council declined her application and have ignored her requests for appeal.
7. A bus pass is not an automatic entitlement and applicants must apply through their local authority to test their eligibility.
8. The Council’s response shows that Miss X tried to apply for a bus pass but it says she did not complete her online application. Therefore, the Council did not assess the application or make a final decision on it. It has however agreed to consider any new application she makes.
9. Should Miss X wish to pursue the matter it would be reasonable for her to make a new application. While I appreciate Miss X is frustrated about this it provides a suitable way forward and it is unlikely we could achieve significantly more for her. The application process is the proper way to determine eligibility for a bus pass and we cannot say the Council must issue one without a valid application.
10. I acknowledge that Miss X appears to have had difficulty with the application process. The Council has provided a contact number that Miss X can contact if she needs help with her application. I consider this is a suitable way for the Council to support her.
11. In the event the Council refuses Miss X’s application, and if Miss X believes the Council failed to properly consider the application, she may follow the Council’s internal review process and raise a new complaint.

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Final decisoin

12. We will not investigate Miss X’s complaint. This is because it would be reasonable for Miss X to make a new bus pass application and wait for the Council’s decision. We are not an appeal body and cannot determine Miss X’s eligibility for a bus pass, so it is unlikely investigation would achieve anything further for Miss X at this time.

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Investigator's decision on behalf of the Ombudsman