Decision : Closed after initial enquiries
Decision date : 26 Feb 2018
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about a £40 penalty fare for travelling on a tram without paying the required fare. The possible injustice does not justify his involvement and there is an appeal body better placed to deal with such matters.
- The complainant, who I refer to here as Mr B, has complained about a penalty fare issued by Transport for London while he was travelling on a tram.
The Ombudsman’s role and powers
- 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, for example, we believe:
- any injustice is not significant enough to justify our involvement; or
- another body is better placed to deal with the matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint and discussed it with him.
What I found
- Mr B was issued with a penalty fare of £40 while travelling on a tram because TfL staff did not consider he had bought the correct ticket.
- Mr B has appealed unsuccessfully against the penalty fare to the Independent Appeal Panel (IAP) which was established to decide such matters.
- We will not investigate this complaint because the possible injustice does not warrant our involvement and the IAP was better placed to deal with the matter.
Investigator's decision on behalf of the Ombudsman