Summary: We will not investigate this complaint about administration of bus passes. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council did not replace his disabled bus pass after it was stolen.
2. He says this forced him to pay for lifts.
3. He wants the Council to replace his bus pass and refund those costs.

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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), as amended, section 34(B))

5. 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

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

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My assessment

8. The Council said it will replace a stolen bus pass free of charge if the holder provides a crime reference number. Otherwise, it charges a replacement fee. Mr X is unhappy he had to provide a crime reference number before the Council would issue a replacement pass. However, Mr X could have instead chosen to pay the replacement fee. The Council said its records show Mr X did not request a replacement pass through its process. I am satisfied the Council has acted in line with its policy. There is not enough evidence of fault to justify our investigation.
9. Mr X raised concerns about reasonable adjustments and discrimination. The Council said it did not treat Mr X differently due his disability and it would consider reasonable adjustments for customers who have difficulty using its service. There is not enough evidence of fault to justify our investigation.

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Final decision

10. 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