Summary: We will not investigate Mr X’s complaint that West Midlands Combined Authority has failed to provide concessionary travel passes to his son’s carers to assist disabled people to use public transport. This is because there is no requirement for the Authority to issue passes to carers and the substantive issue concerns the cost of meeting his son’s adult social care needs, which are the responsibility of his local county council.

The complaint

1. The complainant, Mr X, complains West Midlands Combined Authority (“the Authority”) issued his son (Mr Y) a concessionary travel pass but has failed to provide passes for his two carers. As a result he must pay for their tickets if he needs to use the bus, which means he pays twice the cost of an able-bodied passenger despite being entitled to travel for free.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. West Midlands Combined Authority issues concessionary travel passes to eligible disabled people in Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton. It does this to fulfil its obligations under the Transport Act 2000 and the Concessionary Bus Travel Act 2007.
6. There is no requirement for the Authority to issue bus passes to carers who accompany disabled people and the Authority has declined to do so here as it is not required under its policies or the legislation. It would also result in further costs for the Authority.
7. There is no fault in the Authority’s policy to issue bus passes only to those people who are eligible for one. If Mr Y or any other person who is eligible for a pass requires carers to accompany them on their journey it would be for their local County Council, as the body responsible for meeting their adult social care needs, to determine if it is required as part of their care needs assessment, and to determine how the cost should be met.
8. Mr X may therefore wish to ask Mr Y’s local county council to carry out a review of Mr Y’s care needs to determine if the costs of travelling with his carers should be funded or included as part of his disability-related expenditure. The Authority is not responsible for meeting such costs.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Authority. The issue primarily concerns Mr Y’s care needs and this is the responsibility of his local county council, rather than the Authority.

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Investigator's decision on behalf of the Ombudsman