A Former soldier from York who is fighting for mobility cash wants his case to be put before a top Government watchdog.

Ex-soldier Phil Habergham, who blames the Army for his knee injuries and is campaigning for a mobility allowance

Phil Habergham claims he has met with "incompetence and maladministration" when dealing with the War Pensions Agency and wishes to go to the Parliamentary Ombudsman, but says York MP Hugh Bayley has refused to refer the matter on.

He said Mr Bayley has not pursued his case properly - a claim firmly rejected by the MP, who says he has written 19 letters on his behalf and that the Ombudsman is the final means of redress.

Mr Habergham, 39, of Burton Stone Lane, York, suffers severe movement problems due to knee injuries.

He says they were caused during his 12-year stint in the Army when he had to run on roads in full kit with a rifle.

"I've been active all my life, then at 39 that's it, after 12 years serving Queen and country," he said.

Mr Habergham, who was a driver in the Army, lost his civilian goods vehicle licences through disability and is currently receiving £400 a month in benefits.

He sought a mobility supplement from the War Pensions Agency (WPA) to provide a car - he has problems standing and sitting in cramped positions on public transport.

But his claim was rejected by the WPA, he believes largely because of a medical he was asked for in January.

In the resulting report the doctor stated he was capable of walking 500 yards - although a report done for Mr Habergham by an orthopaedic surgeon at York District Hospital said he could manage only 150 yards.

He thinks his own report from January 1998 was disregarded by the WPA, and asks why he does not qualify for a mobility supplement although he is 50 per cent disabled.

He wanted Mr Bayley to put questions to the WPA, but was angry when the MP said the questions had already been answered.

Mr Habergham is taking his case to an independent body, the War Pensions Committee, but is sceptical about the outcome because it can only make recommendations to the WPA.

He feels his only recourse is approaching the Ombudsman - but can only do that through his MP.

A spokeswoman for the WPA said Mr Habergham's case would be considered by the War Pensions Committee.

She denied Mr Habergham's medical report had been disregarded, saying all evidence presented to the WPA was taken into account.

Mr Bayley said: "I completely reject his allegation that I did not respond to his concerns. I take a particular interest in pensions and disability benefits."

He added: "I realise that Mr Habergham has not received all the War pension additions which he wants but I do believe that the WPA has considered his claims thoroughly."

Mr Bayley said the Parliamentary Ombudsman was the final means of redress when all other avenues were exhausted, and he would not consider whether there were grounds to refer Mr Habergham's case until he had been to the War Pensions Committee.

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