Summary: Mrs X complained on behalf of her son, Mr Y, that the Council mis-sold him a holiday. There was some fault at the booking stage of Mr Y’s holiday, but the Council offered a suitable remedy. The Council was not at fault for Mr Y missing his flight and losing the money paid for his holiday.

The complaint

2. Mrs X complained on behalf of her son, Mr Y, that the Council mis-sold a holiday by saying it included a transfer to the airport.
3. When Mr Y found out there was no transfer included, he had to pay for a transfer with another bus company. He was unfamiliar with the arrangements and missed his flight. As a result, Mr Y lost the money he paid for the holiday.
4. Mrs X would like Mr Y to be refunded the money he paid for the holiday and acknowledgement he did nothing wrong.

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The Ombudsman’s role and powers

5. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents and comments from the Council.
8. Mrs X and the Council both had an opportunity to comment on a draft of decision and I considered their comments before making a final decision.

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What I found

9. Taunton Visitor Centre (TVC) is run by the Council. It provides information on things to do within Taunton and surrounding areas, as well as selling tickets for local events. It also acts as a booking agent for some travel agencies, such as Shearings.
10. As a booking agent of Shearings, TVC must undertake certain duties, such as:
• Display brochures and promotional material in its shops and on its website.
• Promote and try to increase sales.
• Clearly state that it acts as agent for Shearings on all literature and documents.
• Ensure a booking form is completed and take a deposit.
• Refer the buyer to Shearing’s booking conditions.
• Provide a receipt for the travel arrangements.
• Notify the supplier of any special requests.

What happened

11. Mr Y has Asperger’s and mild learning difficulties. Mrs X told me Mr Y’s condition means he cannot be flexible, can’t adjust, and needs things to be organised for him.
12. Mr Y likes to travel and has been on previous trips abroad from Taunton bus station. This has always been part of a group bus trip where Mr Y can follow the crowd or be prompted when to do things. Mr Y’s trips were run by Shearings, booked through TVC with a member of staff who knew Mr Y’s needs. I have referred to this member of staff as officer A. Mr Y booked his trips with TVC because he trusted it.
13. Mr Y wanted to book another trip abroad, this time involving a flight to North America. He wanted this to include a Shearings group bus transfer from Taunton bus station to the airport.
14. Mrs X told me Mr Y booked the holiday at TVC as usual with officer A. Mrs X said officer A told Mr Y his holiday included a Shearings bus from Taunton bus station to the airport. Mrs X said she telephoned officer A after Mr Y had booked the trip to confirm the details and officer A said a bus from Taunton bus station to the airport was included.
15. When Mr Y’s flight tickets arrived, about a week before his trip, there was no bus ticket. Mrs X told me she tried to telephone TVC about this, but there was no reply. Mr Y went into TVC and spoke with a different member of staff. I will call them officer B. Officer B told Mr Y there was no bus transfer included in his booking. They arranged a transfer on a national express bus, which Mr Y paid £46 for.
16. Mrs X told me that when Mr Y found out there was no bus with Shearings he could not think about the practicalities of travelling on a different bus.
17. On 3 August 2019, the day of the trip, Mr Y got on the bus to the airport but missed his flight. Mrs X told me Mr Y did not understand the bus driver’s announcement when the bus arrived at the airport, so he did not get off. Mr Y telephoned Mrs X from the bus, having already missed his flight, and did not understand what had happened.
18. Mrs X said Mr Y was not offered any help on the bus and returned home pale, anxious and distressed.
19. Mrs X first contacted Shearings but was told to direct her complaint to the Council, as the agent who had sold the holiday.
20. Mrs X wrote to the Council to complain. She said the missed holiday was not the fault of Mr Y, but was caused by the Council mis-selling the holiday to him. Mr Y paid for the holiday on the assurances of officer A that there was a bus transfer from Taunton to the airport. Mrs X asked the Council to refund Mr Y.
21. The Council responded on 31 October 2019. It could not verify what happened, because officer A no longer worked at the visitor centre. However, it said the Council fulfilled its responsibility when it corrected the problem and booked a bus transfer for Mr Y. The Council said it is not responsible if Mr Y did not get off the bus at the right time. The Council explained visitor centre agents book holidays and offer advice. Once the National Express bus was booked the Council had fulfilled its service. The Council said it was unclear what advice Mr Y was given about the Shearings bus service, but it offered to refund the £46 he paid for the bus transfer as a gesture of goodwill.
22. Mrs X brought her complaint to the Ombudsman on 7 November 2019. She said the Council mis-sold the holiday and staff at the visitor centre knew Mr Y’s needs.

Response to my enquiries

23. The Council told me the error in the booking was rectified and Mr Y could continue with his holiday plans. The Council cannot accept liability for the decision making on the day of travel.
24. The Council provided me with statements from three members of staff at TVC who were aware of Mr Y’s booking. One of the statements is from officer B. Unfortunately, officer A has retired and declined to provide a statement.
25. The statements confirm Mrs X and Mr Y came into TVC on about 30 July 2019 to book Mr Y’s National Express coach to the airport after realising there was no coach travel included in the booking.
26. It is also stated Mrs X came back into the TVC at about 4pm on 3 August 2019 to say Mr Y was still on the coach, as it had been delayed, and he was about to, or had, missed his flight.
27. Officer B telephoned Shearings and told Mrs X there was another flight later that day. Mrs X spoke to Mr Y on the phone but said he would not be able to cope with the change to his holiday schedule and decided Mr Y would return home.
28. Officer B said Mrs X telephoned TVC a few days later to say the coach did arrive at the airport on time, but Mr Y did not get off because he thought the driver told him to stay on the bus. Mr Y came into the TVC a few weeks later and apologised.

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Analysis

29. The booking confirmation I have seen does not mention a bus transfer to the airport. However, it is clear from the information available that Mr Y needed a transfer from Taunton to the airport. It is also clear Mr X wanted the transfer to be with Shearings. This is what Mr X was used to when he made previous bookings at the visitor centre. He thought a Shearings bus transfer was included in the booking. When he discovered there was no Shearings transfer, the visitor centre arranged a transfer with National Express.
30. On balance, I am satisfied Mr X was not given the correct information about an airport transfer at the time of his booking. If he had been correctly advised, he would not have had to go back to the visitor centre to book the transfer separately about a week before his holiday.
31. The Council has recognised there was an error at the booking stage and offered Mr Y a refund of the £46 he paid for a coach transfer with National Express. I consider this to remedy any injustice caused. The Council has confirmed its offer of a £46 refund remains open for Mr Y to accept.
32. Once the Council booked the National Express transfer for Mr Y all the arrangements were in place. He then had time to find out about the arrangements or ask for help.
33. I appreciate Mr Y was unfamiliar with the National Express coach and did not have a crowd of people to follow, like with his other trips. But this holiday was different from the other trips Mr Y booked. It involved a long-haul flight and new surroundings. It was not the same as the more self-contained trips Mr Y was used to.
34. I also recognise Mr Y’s condition means he cannot be flexible. However, I do not consider the Council could have ensured Mr Y got off the bus at the right stop or made his flight on time. I have not seen evidence Mr Y asked for assistance and in the circumstances I would not expect the Council to have done more.

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Final decision

35. I have completed my investigation. There was some fault at the booking stage of Mr Y’s holiday, but the Council offered a suitable remedy. The Council was not at fault for Mr Y missing his flight and losing the money paid for his holiday.

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Investigator's decision on behalf of the Ombudsman