Summary: The Ombudsman will not investigate this complaint about the Authority’s policy regarding people taking folding bikes on buses. This is because there is insufficient evidence of fault by the Authority and because the Ombudsman cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the Authority’s policy regarding taking folding bikes on buses. Mr X says it is wrong that travel with a folding bike is down to the discretion of the driver.

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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, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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 bike policy. I considered the Authority’s replies to Mr X and invited him to comment on a draft of this decision.

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What I found

4. The policy says folding bikes are allowed on buses at the discretion of the driver.

What happened

5. Mr X would like to use a bike for health reasons. He says some drivers refuse to let him board the bus with a folding bike. Mr X no longer feels confident to use the buses and, as a result, he is not getting enough exercise. He is unhappy that travel is dependent on the driver’s discretion.
6. In response to his complaint the Authority explained that travel with a folding bike is at the discretion of the driver and this forms part of the conditions of travel. It explained that other relevant factors include the size of the folding bike, the number of passengers and the space available to ensure the walkways are kept clear.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Authority.
8. The policy says travel with a folding bike is at the discretion of the driver. This is the response Mr X has experienced when trying to travel. The Authority and drivers are applying the policy correctly so there is no reason to start an investigation. In addition, the Authority has explained the reason for the policy and the factors drivers take into account.
9. Mr X wants the policy changed to allow for more certainty. However, it is for the Authority, not the Ombudsman, to determine its rules for travel. If the Authority had a blanket policy of allowing folding bikes on buses this could cause safety issues on busy buses or buses where people are already traveling with pushchairs or wheelchairs.

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Final decision

10. I will not start because there is insufficient evidence of fault by the Authority and I cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman