London Borough of Lewisham (25 013 966)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 15 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a disabled person’s freedom pass. This is because it is reasonable to expect Mr X to use the relevant appeal process as set out in the Council’s response to his complaint.
The complaint
- Mr X complains about the Council’s decision to refuse his application for a disabled person’s freedom pass. Mr X says he provided the Council with proof of his condition but it refused his application.
The Ombudsman’s role and powers
- 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We do not start an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X applied to the Council for a disabled person’s freedom pass. The freedom pass gives disabled people free travel on most public transport in London.
- The Council refused his application and provided information on how to appeal its decision.
- Mr X complained to the Council about its decision.
- The Council told Mr X it could not consider the matter via its complaints procedure. This is because the process via which to challenge the decision is to use the appeal process and submit an appeal. It signposted Mr X to this office if he remained dissatisfied with its response.
- We will not investigate Mr X’s complaint. This is because it is reasonable to expect Mr X to use his right to submit an appeal to the Council against its decision to refuse his application.
Final decision
- We will not investigate Mr X’s complaint because, as set out in the Council’s response, there is an appeal process it is reasonable to expect Mr X to use if he wishes to challenge the Council’s decision.
Investigator's decision on behalf of the Ombudsman