Summary: The Ombudsman will not investigate this complaint about the Authority’s decision not to issue a refund after the complainant needed to cancel a walk she had booked. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Ms X, complains that the Authority will not issue a refund for a walk she had to cancel.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and the Authority’s responses. I considered the terms and conditions for walks. I invited Ms X to comment on a draft of this decision.

Back to top

What I found

4. The rules say that bookings are non-transferable and non-refundable. The fee has to be paid when the walk is booked. The rules say “the fee is not refundable if you cancel your booking”. The rules also say that making a booking includes accepting the terms and conditions.

What happened

5. Ms X booked two places, on two walks, for about two months ahead. The next day she realised she could not make the second walk and asked for a £24 refund or credit. The Authority declined.
6. In response to her complaint the Authority said Ms X had accepted the terms and conditions as part of the booking and the rules prohibited refunds. The Authority explained that it had introduced the no-refunds rule because it had found that people were booking multiple walks and then cancelling most of them. This incurred costs for the Authority and made it harder for other people to get a place on a walk. The Authority said it had to apply the rules consistently.
7. Ms X is dissatisfied with the reply. She says the Authority should have given her a refund and sold the places to other people.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Authority. The rules say the Authority will not give a refund, or transfer a booking, if someone cancels a walk. The Authority’s decision not to give Ms X a refund is consistent with the policy so there is no reason to start an investigation.
9. Ms X disagrees with the policy. However, it is for the Authority, not the Ombudsman, to decide how it will operate its walks. The Ombudsman does not act as an appeal body and he cannot intervene simply because an Authority has a policy that someone disagrees with.

Back to top

Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Authority.

Back to top

Investigator's decision on behalf of the Ombudsman