The Ombudsman's final decision
Summary: We will not investigate this complaint that the conditions of the Council’s travel pass scheme does not allow her to use the trains for free. This is because the complainant has been using a travel pass with this condition imposed since 2014. This complaint is therefore late and I see no reason why it could not have been raised sooner.
The complaint
The complainant, who I will call Mrs X, complains that the Council’s travel pass scheme does not allow her to travel on trains for free. Mrs X has been using a travel pass since 2014 with this condition imposed and would like to be refunded for the train fees she has had to pay since then.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mrs X’s complaint this is because she has been aware of the conditions imposed on her travel pass since she first obtained one in 2014. This complaint is therefore late, and I see no reason why she could not have complained about the condition sooner.
Final decision
We will not investigate Mrs X’s complaint because it is made late and I see no reason why she could not have complained to the Ombudsman sooner.
Investigator's decision on behalf of the Ombudsman