Overview:

Summary: Mr X complained about the Council’s decision not to approve his application for a Freedom Pass. Mr X said the Council failed to properly apply the law.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, we recommend the Council, within one month of the date of this report:

• apologise to Mr X for the identified fault;

• pay Mr X £300 to recognise the uncertainty he was caused by the failure to consider his application in line with the guidance;

• pay Mr X £100 to recognise the avoidable frustration caused by the delay in dealing with his application and appeal; and

• request relevant evidence from Mr X and reconsider his application for a Freedom Pass, based on Department for Transport (DfT) guidance. If Mr X is not eligible, then the Council should explain why he is ineligible.

Within three months of the date of this report:

• produce a policy in line with DfT guidance and publish this on its website; and

• review the 238 rejected Freedom Pass applications from the financial year 2022/23 in line with its new policy. If any applications are found to have been refused without following the DfT guidance, the Council should reassess these and if a Freedom Pass is then agreed, offer a remedy for the uncertainty caused. If a Freedom Pass is not agreed, applicants should be offered the option to appeal.

The Council has accepted our recommendations.

Ombudsman satisfied with Council's response: 4 January 2024.

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