Summary: The Ombudsman will not investigate Mr X’s complaint about his concessionary pass not being accepted on a bus service operated by one of Transport for London’s contractors. This is because it is unlikely we could add anything to the response Mr X has already received.

The complaint

1. The complainant, whom I shall call Mr X, complains about problems on a bus service operated by a contractor working for Transport for London (TfL). Mr X says the same driver has refused to let him travel, despite Mr X having a concessionary pass issued by his home council. Mr X says there have been problems on at least six occasions.

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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 or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

4. Mr X has complained to TfL about the issue at the heart of his complaint. TfL has apologised for what has happened. TfL has also contacted the contractor, which says it has spoken to the driver concerned. The driver has been reminded of the need to remain professional, and what bus passes are valid for travel. The contractor says there is a difference of opinion about what happened during the incidents Mr X complains about. Mr X has asked for CCTV footage from one of the incidents, but this has been destroyed.
5. The Ombudsman does not investigate all the complaints we receive. In deciding whether to investigate, we need to consider what an investigation is likely to achieve. I understand how frustrated Mr X is about the issue he complains about. But TfL’s contractor says the driver has been spoken to and is aware Mr X’s pass is valid. There is no CCTV footage or independent witnesses we could rely on to find out exactly what happened. It is therefore difficult to see how an investigation could ever reach a safe conclusion. An investigation is not therefore appropriate.
6. If Mr X has further problems on the service, he should contact TfL. If he was unhappy with their response, he could submit a fresh complaint to the Ombudsman.

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Final decision

7. The Ombudsman will not investigate Mr X’s complaint. This is because it is unlikely we could add anything to the response Mr X has already received.

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Investigator's decision on behalf of the Ombudsman