Summary: The Ombudsman will not investigate this complaint about the Authority’s decision not to give the complainant a £20 refund for an unsuccessful student photocard application. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the Authority’s decision not to give her a £20 refund after a failed application for a student photocard.

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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 responses. I considered the terms and conditions for an 18+ student photocard. I invited Ms X to comment on a draft of this decision.

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What I found

Terms and conditions – 18+ student photocard

4. The rules say the applicant must pay a non-refundable fee for every application. The rules also say the fee is payable even if the application is rejected.

What happened

5. Ms X applied for a student photocard. She paid the £20 fee.
6. The Authority rejected her applicant because she did not qualify. Ms X asked the Authority to refund the £20 fee. She explained she had had to pay £2400 for an annual travel pass. The Authority said it would not issue a refund because the fee covers the cost of processing the application and is non-refundable. The Authority signposted Ms X to the terms and conditions.
7. Ms X disagrees with the Authority’s decision and wants it to pay her a £20 refund. She says the Authority did not give her a photocard so she did not receive what she paid for. She says it is immoral for the Authority to keep the £20 and she had to borrow money to pay for her travel pass.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Authority. The rules say applicants must pay a non-refundable administration fee. The Authority’s decision not to give Ms X a refund is consistent with the policy so there is no reason to start an investigation. In addition, the Ombudsman does not act as an appeal body. He cannot intervene simply because the Authority makes a decision that someone disagrees with.

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Final decision

9. 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