The Ombudsman's final decision
Summary: Miss X complained the Council did not fully consider her application for a taxi card. Miss X says this has affected her mental wellbeing. The Council was not at fault.
The complaint
Miss X complained the Council did not fully consider her application for a taxi card. Miss X says this has affected her mental wellbeing.
The Ombudsman’s role and powers
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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I read Miss X’s complaint and spoke to her about it on the phone.
I considered information provided by Miss X and the Council.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background information Taxicard offers subsidised travel in licensed taxis and private hire vehicles to London residents with serious mobility impairments or who are severely sight impaired. It enables members who have difficulty in using buses, trains and tubes to get out and about. The scheme provides trips for social purposes, for example going shopping, visiting friends and family, and going out to events.
Taxicard is funded by the local Council and Transport for London. It is administered on their behalf by London Councils, with ComCab London providing taxis and private hire vehicles (mini cabs) via a number of private hire companies across London.
An applicant is automatically eligible for a Taxicard if they: Receive the Higher Rate Mobility Component of the Disability Living Allowance Receive 8 points or more for the Moving Around Activity component of the Independence Payment If an applicant is not in one of the above categories, they may still be eligible, but they will need to complete an application form and provide medical evidence. They may be required to have a mobility assessment.
The disabled persons freedom pass is for disabled people and allows free travel across London and free bus journeys nationally.
What happened This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
Miss X applied for a Taxicard in January 2022. She stated she has mental health and physical needs and submitted evidence of her benefits. Miss X confirmed she had a disabled persons freedom pass to support her application.
The Council rejected Miss X’s application in March. The Council confirmed decisions are made on a case-by-case basis. It confirmed the automatic eligibility. The Council stated Miss X did not meet the criteria for automatic eligibility. If the applicant does not meet the automatic entitlement the Council applies two criteria to applications which must both be met. The criteria are: The applicant is unable to use public transport safely and unaided.
The applicant has a substantially impaired ability to walk.
An adjudicating panel considered the points Miss X made in her application but confirmed she did not meet the criteria for a Taxicard. The Council stated Miss X can walk and although her walking ability was restricted, it was not limited enough to meet the criteria. The Council told Miss X she could make a further application if her there was a substantial and permanent deterioration in her mobility.
Miss X appealed against the Council’s decision stating she received 14 points in the moving around section of the PIP assessment.
The Council responded to Miss X in May. The Council confirmed it had considered Miss X’s appeal carefully and agreed she had complex mental and physical health conditions that affect her mobility. The Council explained Miss X received 14 points in her PIP assessment in total for the mobility section, but only four in the moving around part. It stated it would not alter its decision and would not award a Taxicard.
The Council went on to say Taxicards are issued to people who are unable to use public transport. It confirmed if Miss X was issued with a Taxicard, her disabled persons freedom pass would be deactivated, and she would no longer be eligible to use the transport network without paying the fare. The Council suggested Miss X consider her options carefully before pursuing an appeal.
Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to review its decision not to issue a Taxicard.
In response to my enquiries the Council stated the information given to Miss X was not correct. It would not revoke her disabled persons freedom pass if it issued a Taxicard. It also stated the tone of the letter was not appropriate. However, it stated the decision not to issue a Taxicard was correct, and it had followed its process.
My findings
The Council considered all the evidence provided by Miss X for the initial Taxicard application. It decided Miss X did not meet the automatic eligibility criteria for a Taxicard. It also confirmed it assessed Miss X’s application against the other two criteria it applies if a person is not automatically eligible, but she did not meet these criteria. I have found no fault in the Councils actions in making a decision on the application.
The Councils decision letter on the application gave Miss X appeal rights. Miss X exercised her right of appeal. It was conducted appropriately and took into account all relevant information. The Council explained in the appeal decision the evidence submitted did not prove Miss X’s conditions was severe enough to meet the criteria for a Taxicard. We cannot question a decision which has been made appropriately. I appreciate this is not the response Miss X wanted, but I have seen no evidence of fault by the Council.
The Council has provided Miss X with information that was not correct, and the tone of the letter was not appropriate. There is nothing in guidance to suggest applicants cannot have both a disabled persons freedom pass and a Taxicard. However, this has not had an impact on the Councils decision, and it has confirmed it would review its appeal responses to ensure this does not happen again. I cannot add to this.
I recognise the situation has been challenging for Miss X and she will be disappointed with the Councils decision. I cannot question a decision the Council made if it followed the correct procedure. I am satisfied the Council properly considered both Miss X’s application and appeal. There is no evidence of fault in the actions taken by the Council.
Final decision
I have completed my investigation. I have not found fault on behalf of the Council.
Investigator's decision on behalf of the Ombudsman