Summary: We will not investigate this complaint about the handling of Mrs Y’s Freedom Pass application because there is insufficient evidence of fault to warrant an investigation by the Ombudsman. Mrs Y has also not suffered significant personal injustice.

The complaint

1. Mrs Y complains about the Council’s decision to refuse her Freedom Pass application and delays in processing this. She also complains about complaint handling.

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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 not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs Y applied for a Freedom Pass and the Council rejected her application. Mrs Y requested to appeal this decision using the Council’s internal process, but the Council refused her appeal. The Council said its decisions were based on evidence available at the time. I am satisfied the Council properly considered the application. There is insufficient evidence of fault in the Council’s actions, therefore we will not investigate this complaint.
7. Mrs Y later sent the Council additional evidence, and the Council used its discretion to review its original decision and approve the Freedom Pass. As Mrs Y now has a pass, I do not consider she suffered significant personal injustice even if there had been fault with how the Council dealt with the application.
8. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
9. Mrs Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

10. We will not investigate Mrs Y’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman. Mrs Y has also not suffered significant personal injustice.

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Investigator's decision on behalf of the Ombudsman