Ombudsman criticises Eastleigh Council over changes to transport concession scheme

Eastleigh Borough Council’s decision to stop issuing travel tokens to eligible disabled people and those over the age of 70 was flawed.

Eastleigh Borough Council’s decision to stop issuing travel tokens to eligible disabled people and those over the age of 70 was flawed, finds Local Government Ombudsman, Jane Martin. In her report, issued today (18 June 2010) she says: “the statement in the Cabinet report that any alternative to the national bus pass ‘is purely discretionary’ overlooked the need for the Council properly to consider its own duty towards disabled people when making changes to its arrangements.”

Until September 2008, the Council had a concessionary travel scheme that allowed people over the age of 70 and eligible disabled people to choose annually between a bus pass, a train pass or travel tokens. Following the introduction of the National Bus Pass Scheme, the Council decided to stop issuing travel tokens from September 2008 and instead to offer enhancements to the bus pass scheme and some other transport services.

'Mr and Mrs Wilson’ (not their real names for legal reasons) and the Eastleigh Southern Parishes Older People’s Forum (ESPOPF) complained that the Council decided to withdraw travel tokens without proper consultation or a proper Equality Impact Assessment and also failed to deal properly with their formal complaints.

The Ombudsman found that the Council:

  • made its decision without adequate information about the impact that withdrawing travel tokens would have on disabled people
  • failed to consult relevant voluntary groups before making its decision, contrary to its public commitment to consult the voluntary sector about such matters, and
  • mishandled the Wilsons’ and ESPOPF’s formal complaints.

She concluded that there was genuine uncertainty about what the outcome would have been if the Council had reached its decision properly.

The Ombudsman found maladministration causing injustice recommended that the Council should: 

  • revisit the decision regarding the discontinuation of travel tokens as soon as possible following appropriate consultation, explanation of the Council’s responsibilities under the Disability Discrimination Act and a proper Equality Impact Assessment
  • ensure that, in future, the Council has due regard to its duties under the Disability Discrimination Act rather than relying on decision makers’ general awareness of equality matters 
  • apologise to Mr and Mrs Wilson and pay them £100 for their avoidable uncertainty about the outcome, and confusion, time and trouble resulting from the poor complaint handling, and
  • apologise to ESPOPF for its lost opportunity to be consulted and for the time and trouble that the poor complaint handling caused.
     

Report ref 08 020 845 plus one other

Article date: 18 June 2010

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