Summary: We will not investigate this complaint about Transport for London’s handling of reported discrimination. This is because we cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains Transport for London (TfL) staff did not help her and so breached its disabled passenger assistance policy and Equality Act 2010. Miss X also complains TfL did not provide her with CCTV footage she requested.
2. Miss X would like TfL to move the staff to another station and pay her £5,000 compensation for discrimination and the impact on her health.

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The Ombudsman’s role and powers

3. 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by Miss X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. TfL accepted staff did not assist Miss X, apologised and acted to prevent recurrence, including additional staff training. I will not consider this matter further as TfL has taken appropriate action and we cannot achieve the outcome Miss X wants. This is because it is not within our remit to recommend staffing changes or awards of compensation.
8. Any complaint about a failure to provide data in line with relevant data law is better dealt with by the ICO.

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Final decision

9. We will not investigate Miss X’s complaint because we cannot achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman