Transport for London (22 012 299)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 04 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about public transport. This is because the complaint is late with no good reason to investigate it now.
The complaint
- Miss Y complained the Authority has regularly failed to provide an on-time bus service in her area since 2018, Miss Y says she uses the service twice a week and it is regularly late, often by 30 minutes, causing her to be delayed in collecting her child from a local babysitter and increasing her costs.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something an Authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y says the bus she uses to collect her child from a babysitter twice a week is regularly late by 30 minutes, and this has been happening regularly since 2018. Miss Y complained to the Authority in April 2021. The Authority responded in April 2021, apologising for some delays which had been caused by roadworks in the area. It also refused to refund Miss Y’s costs for travel. Miss Y approached us in December 2022.
Analysis
- The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something an Authority has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
- Miss Y was aware of her reason to complain about the Authority’s actions as early as 2018 and later when she complained to it in April 2021, more than 12 months ago. Consequently, her complaint is now late.
- We have discretion to disapply the rule outlined in paragraph two where we decide there are good reasons. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. Consequently, we will not investigate.
Final decision
- We will not investigate Miss Y’s complaint because it is late with no good reasons to investigate it now.
Investigator's decision on behalf of the Ombudsman