Summary: We will not investigate this complaint about an unsuccessful application for a Disabled Person’s Freedom Pass. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he is ineligible for a Disabled Person’s Freedom Pass. He says he qualifies because his condition means he cannot have a driving licence. He says public transport is expensive and he has to remain at home due to the cost.

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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 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 Mr X and the Council. This includes the application and supporting documents. I also considered our Assessment Code.

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My assessment

4. Mr X applied for a freedom pass. On his application form he did not say he had been found to be unfit to drive and did not say he could not hold a driving licence. He applied on the basis that he has mobility problems due to his feet.
5. The Council assessed the application to assess whether his condition has caused a substantial and long-term adverse effect on his mobility. The Council considered his medical history, medical evidence and did a mobility assessment. As part of the assessment, the Council noted that Mr X reported he wanted a pass to help him use public transport in central London to help him get to work. Mr X reported that doctors had told him not to drive. The assessor watched Mr X walk more than 80 metres and considered issues such pain, uneven surfaces, distance, walking aids and falls. The Council decided Mr X had not shown he is eligible for a pass.
6. In his complaint to us, Mr X said he qualifies because he cannot hold a driving licence because his condition means driving would be dangerous.
7. I will not investigate this complaint because it is unlikely I would find fault. We are not an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a pass and it my role to re-make the decision or decide if Mr X is eligible for a pass.
8. Mr X has not provided any evidence that he receives a disability benefit which would passport him to a freedom pass and he has not provided any medical evidence which states he should not drive. Mr X has also not provided evidence that DVLA has refused to issue a licence. There is no evidence to support Mr X’s assertion that he qualifies for a pass for this reason.
9. The Council assessed whether Mr X’s condition has a long-term and substantial impact on his mobility. The assessor noted Mr X’s medical history and supporting evidence, his medication, and observed him while walking. Taking everything into account, the Council decided that, while Mr X has some difficulties, they are not to the degree that he qualifies for a pass.
10. I appreciate Mr X disagrees with this decision, but I have not seen any suggestion of fault in the way the Council assessed the application and reached the decision. It assessed all the evidence, including an absence of evidence saying he cannot have a licence, combined with the findings of the mobility assessment. As there is no indication of fault in the way the Council made the decision there is no reason to start an investigation.
11. If Mr X has medical evidence that he has been advised not to drive, he could make a new application and submit that evidence.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman