Summary: We will not investigate this complaint about Transport for London not refunding a travelcard which the complainant could not use for the full year that it was valid. This is because there is insufficient evidence of fault, and we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, who I will call Mr X, complains that Transport for London (TfL) refused to issue him with a refund for a travelcard. He says he has paid for a service that he could not use through no fault of his own.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. TfL will refund travel cards that are no longer needed. To qualify, customers must have at least six weeks remaining on an annual travel card, seven days remaining on a monthly travel card, or three days remaining on a seven-day travel card.
6. Generally, TfL will not issue refunds on an annual travel card after about ten and a half months’ use. Customers need to apply for a refund within eight weeks of their last journey.
7. Customers could ask TfL for a refund on their travel card if they were self-isolating or not travelling because of COVID-19. To qualify for a refund, customers had to meet the same criteria set out in paragraph 5 above.
8. In April 2019, Mr X purchased a travelcard which was valid for 12 months. Mr X says he could not use the travelcard for the final six weeks it was valid, because of restrictions imposed on travel due to COVID-19 and asked TfL for a refund which it refused.
9. TfL’s refund policy is not to provide pro rata refunds, but to base any refund on the difference between the cost of the Oyster card and the cost of the equivalent travelcard for the period a customer travelled using the Oyster card. This policy is part of TfL’s terms and conditions for buying an Oyster card.
10. I will not investigate Mr X’s complaint because it is unlikely we would find fault. TfL refused Mr X’s request for a refund as it did not meet the criteria set out in paragraph 5. I am therefore satisfied that TfL correctly considered Mr X’s request, in line with its published policy.
11. Whilst Mr X disagrees with TfL’s approach regarding refunds. TfL is entitled to have a policy that calculates refunds in a different way to the pro rata refund Mr X wants. Therefore we would not be able to achieve Mr X’s desired outcome of a full pro rata refund.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman