The Ombudsman's final decision
Summary: We will not investigate this complaint about a payment scheme to retain bus drivers. Transport for London does pay money to transport operators to cover the costs of the scheme. But it is then for operators to pay eligible drivers. Transport for London is not therefore responsible for the matter complained about. The complainant needs to take up the matter with their employer.
The complaint
The complainant, Mr X, complains his employer has not awarded him a payment under a scheme designed to retain bus drivers in London.
The Ombudsman’s role and powers
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended) The Courts have said that we cannot investigate a complaint about any action by a body, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
In February 2020, the Mayor of London announced a scheme which would see certain bus drivers in London awarded retention payments. Transport for London (TfL) would pay the money to operators who would then pass it on to their employees.
TfL is therefore responsible for paying Mr X’s employer money to cover the scheme. But it is for his employer to decide if Mr X is eligible for the payment – not TfL. We cannot investigate Mr X’s employer and so we cannot investigate his complaint.
Mr X is unhappy with how his complaint has been handled. But we cannot look at complaint handling about a matter which is not in our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because Transport for London is not responsible for the matter complained about.
Investigator's decision on behalf of the Ombudsman