Summary: We will not investigate this complaint about the Council’s delay providing Mr X with a bus pass because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council delayed issuing him with a new disabled bus pass, refused to make reasonable adjustments and unfairly labelled his contacts as unreasonable behaviour.

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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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council posted a bus pass to Mr X on two occasions and Mr X says he did not receive either. However, I cannot hold the Council responsible for any failures in the postal service.
6. The Council says it posted the second pass on 17 March and Mr X should allow 10-15 working days for delivery. However, I note Mr X contacted the Ombudsman on 18 March before this pass would have been delivered. If Mr X has still not received this pass he should report this to the Council.
7. There is not enough evidence of fault by the Council to justify an investigation. I also note Mr X could have avoided any injustice by applying to renew his bus pass before it ran out.
8. Mr X asked the Council to provide interim travel authorisation. The Council refused. However, the Council was under no obligation to provide this and its website makes clear it will not refund travel costs while it processes applications. There is not enough evidence of fault by the Council to justify an investigation.
9. It is not proportionate to investigate the Council’s communications or complaints handling, including any failure to make reasonable adjustments, when we are not investigating the substantive matter.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman