Summary: We will not investigate Mr X’s complaint the Council refused to issue him a Disabled Persons Freedom Pass. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council refused to provide him a Disabled Persons Freedom Pass. He said the Council had discriminated against him and failed to recognise his eligibility for the Pass. He said the Council’s actions had caused him emotional distress. Mr X wants the Council to apologise and issue the Pass.

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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.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Disabled Persons Freedom Pass (the Pass) entitles those with eligible disabilities to free public transport. Eligible disabilities include people “who have a learning disability that is defined as 'a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning'”.
6. We will not investigate Mr X’s complaint the Council wrongly refused to issue him a Disabled Persons Freedom Pass. The Council considered information provided by Mr X to support his application. It said that demonstrated he had a learning difficulty but not a learning disability as defined by the eligibility criteria.
7. Although Mr X is unhappy with the Council’s decision, we will not investigate. The Council has considered the information provided and correctly applied the guidance. It offered Mr X the opportunity to provide additional supporting evidence. There is not enough evidence of fault to justify our involvement.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman