Summary: We will not investigate this complaint about problems hiring a bike and the Authority’s decision not to make a refund. This is because there is insufficient evidence fault causing injustice.

The complaint

1. The complainant, Mr X, could not use the app to hire a bike and says he had to make additional payments for a service for which he has a subscription. Mr X wants a refund of £4.95 for three journeys he could not pay for through the app.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Authority. I also considered our Assessment Code.

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My assessment

4. Mr X has a subscription to hire bikes. He tried to hire a bike through the app but it did not work. Mr X says the app did not alert him to any problems. Mr X had to make alternative arrangements for three journeys and incurred costs of £4.95. Mr X asked the Authority for a refund.
5. The Authority explained his attempt to use the app failed because the bank details linked to the account had expired. The Authority declined to make a refund and said it is the account holder’s responsibility to maintain the payment details.
6. Mr X wants a refund and says the Authority should change the app so it alerts people to problems and to any action that is needed.
7. I will not start an investigation because there is insufficient evidence of fault causing injustice. I appreciate Mr X had to make an additional payment, but a dispute over £4.95 does not represent a level of injustice that warrants an investigation. In addition, there is nothing to suggest the app did not work as intended and, while Mr X may want the app to be improved, the current design does not amount to fault requiring an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman