Transport for London (23 006 713)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 09 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about public transport services because we could not add to any previous investigation by the Authority.
The complaint
- Mr Y complained the Authority has failed to properly investigate his complaint after a bus driver working on one of the Authority’s buses spoke rudely to him.
- Mr Y says he feels emotionally and psychologically abused.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Following the incident Mr Y complained to the Authority. The Authority tried to trace the driver after Mr Y gave a description of the member of staff. It was unable to match a driver at the relevant time to the description Mr Y gave of the staff member in question. It says it checked the bus for the time and location Mr Y had specified and the buses surrounding this time but was unable to match the description to any of the drivers. It has therefore been unable to investigate the matter further or consider any kind of disciplinary action. It explained this to Mr Y in its complaint response.
- I am satisfied that it has taken proportionate steps to try to track the driver, having used a description provided by Mr Y and considered CCTV from buses at the relevant time and location. The Authority has considered the issue and investigated where it has been able to in a proportionate and appropriate way. While Mr Y may wish for his complaint to be investigated in further depth, we must use public money carefully. As it is likely we would be accessing the same information the Authority has, it is unlikely we would be able to identify the driver, as is the case for the Authority. It is therefore unlikely the Ombudsman would be able to add to the previous investigation, so we will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because we could not add to any previous investigation by the Authority.
Investigator's decision on behalf of the Ombudsman