Summary: We will not investigate this complaint about public transport because it is late without good reasons to exercise discretion to investigate it now.

The complaint

1. Ms Y complained the Authority’s bus driver refused to call Police at her request after she says she was assaulted on a bus. Ms Y is seeking compensation for the upset caused.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Ms Y says she was assault on one of the Authority’s buses in September 2021. She says the driver refused to call the Police on her behalf. She complained to the Authority in late 2021.
5. The Authority responded in January 2022, explaining that CCTV on its buses was destroyed after 10 days and as Ms Y had not contacted it to complain previously, it no longer had any records it could provide. It did not uphold Ms Y’s complaint.
6. Ms Y complained further to the Authority in October 2022. The Authority repeated its position, not upholding the complaint and that it no longer had the CCTV records. Ms Y approached us in January 2023.

Analysis

7. 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 a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Ms Y’s was aware of her reason to complain about the Authority’s actions when the assault happened and when she initially complained to the Authority, more than 12 months before she approached us. Consequently, her complaint is now late.
9. 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 so we will not investigate.

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Final decision

10. We will not investigate Ms Y’s complaint because it is late with no good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman