The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority’s decision not to issue a refund after the complainant was delayed during a bus journey and missed her train. This is because there is insufficient evidence of fault by the Authority.
The complaint
The complainant, whom I refer to as Ms X, missed a train because she was delayed during a bus journey. She complains about the Authority’s decision not to refund the bus fare and train ticket.
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. (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 Authority. This includes the complaint correspondence and conditions of travel. I also considered our Assessment Code.
My assessment
Ms X missed a train because her bus journey to the station was delayed. Ms X asked the Authority to refund the bus fare and train ticket.
The Authority apologised for delay and said it would liaise with the bus operator to find out what happened. The Authority explained it does not issue refunds for delayed bus journeys and it referred to the conditions of travel. It said that buses use the public highway and the Authority cannot control journeys in the same way that it can control journeys made on the Underground. The Authority denied Ms X’s request for a refund.
I will not start an investigation because there is insufficient evidence of fault by the Authority. The conditions of carriage say the Authority may offer refunds for delays on the Underground but it does not offer refunds for bus delays. I appreciate Ms X was inconvenienced and there was a financial impact but the Authority’s decision reflects the policy so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because an organisation makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Authority.
Investigator's decision on behalf of the Ombudsman