The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to invite Ms X to apply for a Freedom Pass (disability based). This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.
The complaint
The complainant, whom I refer to as Ms X, complains the Council should have told her she was entitled to a Freedom Pass (disability based) when it decided she was eligible for a Blue Badge in October. Ms X wants the Council to reimburse the £35 she spent on travel costs from October until she received a Freedom Pass.
The Ombudsman’s role and powers
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, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and a copy of Ms X’s Blue Badge application. I also considered our Assessment Code.
My assessment
Ms X applied for a Blue Badge through the government portal. The portal only allows people to apply for a badge. An application through the portal does not also act as an application for a concessionary travel pass. The Council assessed the application and awarded a badge in October.
Ms X contacted the Council in 2024 to say she had recently found out she was also entitled to a Freedom Pass and this was known to the Council from the date it assessed her as being eligible for a badge. Ms X said she had spent £35 on public transport which she asked the Council to refund. Ms X says the Council failed to tell her in October that she qualified for a pass in addition to the badge.
In response the Council said Ms X had applied for a Blue Badge and that is what it had processed. It said Ms X could have applied for a pass at the same time she applied for a badge. The Council explained that a person does not qualify for free travel until a pass has been issued. The Council declined Ms X’s request for a refund.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Ms X applied for a badge and that is the application the Council processed. Ms X did not apply for a pass at the same time as the badge. I have checked the portal Ms X used to make her application and it is correct that it only deals with Blue Badge applications. There is a link to information about concessionary travel passes which asks people to contact their council. If Ms X had applied for a pass, at the same time as the badge, then she may have been eligible for a pass and free travel from an earlier date.
I also will not start an investigation because there is insufficient evidence of injustice. I acknowledge Ms X spent money on public transport which she thinks could have been avoided. But, a dispute over £35 does not represent a degree of injustice which warrants an investigation by the Ombudsman.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault and injustice.
Investigator's decision on behalf of the Ombudsman