Summary: The Ombudsman will not investigate this complaint that the Authority will not refund the complainant’s season ticket from March, when lockdown started. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Authority will not issue a season ticket refund from March, when lockdown started due to Covid-19. Mr X wants the Authority to process the refund from March.

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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)

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How I considered this complaint

3. I read the complaint and the Authority’s response. I considered the Authority’s refund policy. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Refund policy

4. The Authority issues refunds for people who are not travelling. It issues the refund from the date the oyster card was last used.

What happened

5. Mr X bought a season ticket oyster card in August 2019. He used it primarily for commuting.
6. Mr X stopped commuting in March due to lockdown. Mr X continued to use the oyster card at the weekends. Mr X last used the card on 7 June. Mr X did not know that using the card at the weekends would affect the refund.
7. Mr X applied for a refund. The Authority offered a refund from 7 June which is the date he last travelled and used the card.
8. Mr X disagrees and says the Authority should process the refund from March when he stopped commuting. He says the Authority should be more flexible and adapt its policies.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Authority. The Authority offers refunds for the period when someone is not travelling and from the date the card was last used. Mr X stopped commuting in March but he did not stop travelling and continued to use the card until 7 June. The Authority’s decision to offer a refund from 7 June is consistent with the policy so there is no reason to start an investigation.
10. The Ombudsman does not act as an appeal body. He cannot intervene simply because the Authority makes a decision that someone disagrees with. In addition, if Mr X thinks the Authority should have a more flexible refund policy he would need to lobby the Authority for a change of policy.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman