Summary: We will not investigate this complaint about the Council’s decision not to issue a disabled person’s bus pass. This is because there is not enough evidence of fault to justify our investigation.

The complaint

1. Mr X complains the Council did not properly consider his individual circumstances when assessing his application for a disabled person's bus pass. He also says the Council did not deal with his complaint fairly.
2. Mr X says the refusal of a disabled person's bus pass limits his independence. He says the time taken to deal with his complaint also caused him stress, anxiety and frustration.
3. Mr X would like the Council to review its decision, explain how it reached that decision and apologise if the Ombudsman finds fault.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), section 34(B))

5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council provided a detailed explanation of how it reached its decision. Its response shows it considered the evidence Mr X provided.
9. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
10. The Council was entitled to use its professional judgement when deciding whether Mr X's circumstances met the criteria for a disabled person's bus pass. The Ombudsman cannot question this decision unless there is evidence of fault in the decision-making process.
11. I consider the Council properly considered Mr X’s application and explained why his application did not meet the criteria. There is not enough evidence of fault to justify our involvement.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our investigation.

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Investigator's decision on behalf of the Ombudsman