The Ombudsman's final decision
Summary: We will not investigate this complaint about an incident which took place on a bus operated on behalf of Transport for London. This is because it is unlikely we could achieve any worthwhile outcome for the complainant.
The complaint
Ms X complains about the actions of a bus driver following her assault by another passenger. She says the bus driver did not stop the bus to help her and she is unhappy about Transport for London’s (TfL’s) handling of her complaint about the matter. She says she is concerned about whether she would be supported in the future if she was assaulted again and says she felt dismissed and humiliated.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
TfL has responded to Ms X’s complaint by setting out what the CCTV footage from the bus showed about the incident she complains about. It says there is no footage of any assault, that the bus driver was not aware of what had happened at the time and stopped when it was safe to do so, once he was made aware.
Ms X disputes this version of events but it would not be a good use of our resources to investigate further because it is unlikely to achieve any worthwhile outcome. This is because we cannot prove exactly what the bus driver knew or said at the time or challenge their judgement about what to do in the moment. It is also unlikely we could say the bus driver’s actions caused Ms X significant injustice as it is clear her main concern at the time was the alleged assault and the injuries she says she suffered, which are issues which were outside the driver’s control.
While I appreciate Ms X is worried about what may happen in the future, this is not something we can provide a remedy for because it has not yet happened.
Final decision
We will not investigate this complaint. This is because it is unlikely investigation would achieve any worthwhile outcome for Ms X.
Investigator's decision on behalf of the Ombudsman