Summary: We will not investigate Mr X’s complaint about Transport for London’s failure to make reasonable adjustments for his disability. This is because the Equality and Human Rights Commission is better placed to deal with the matter.

The complaint

1. The complainant, Mr X, complains Transport for London (TfL) failed to make reasonable adjustments to allow him to discuss his application for its car scrappage scheme and did not properly advise him about his application. He feels TfL has discriminated against him and says this caused him frustration, exhaustion, time and trouble.

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The Ombudsman’s role and powers

2. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and TfL.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X confirms he has now successfully applied for the car scrappage scheme through a third party; his remaining injustice stems from the way TfL dealt with him through his interpreter and these issues are more appropriate for consideration by the Equality and Human Rights Commission.

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Final decision

6. We will not investigate this complaint. This is because the outstanding issues concern TfL’s failure to make reasonable adjustments to allow Mr X to access its services and the Equality and Human Rights Commission is better placed to decide if TfL breached the Equality Act 2010 and Mr X’s human rights.

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Investigator's decision on behalf of the Ombudsman