West Midlands Combined Authority (25 014 172)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about public transport because we are satisfied with the actions proposed by the Authority.
The complaint
- Mr X complained the Authority took a payment after he gave notice to end a direct debit. Mr X is also unhappy that a refund offered has not been paid and is unhappy with how the council dealt with his complaint.
- Mr X says he felt ignored and he has had reduced funds.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
- I considered information Mr X and the Authority provided and the Ombudsman’s Assessment Code.
My assessment
- Mr X complained that after he gave a month’s notice to end a direct debit for travel payments, the Authority took a further payment of £64. Mr X complained to the Authority. It has agreed to refund the amount in full and has offered £40 voucher for travel on its transport services as a goodwill gesture. Mr X has said he is seeking £100 to recognise his inconvenience and time spent complaining about the issue.
- If we find fault causing injustice, we can make recommendations to try to put people back into the position they would have been in, had the fault not occurred. The Council has done this by agreeing to refund the amount taken and has further recognised the emotional impact on Mr X and has offered a voucher worth £40. While Mr X may seek a higher remedy, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault. Consequently, we are satisfied with the actions the Council proposes to take. It is now for Mr X to tell the Council if he wishes to agree to these actions. However, as we are satisfied with the actions proposed, we will not investigate.
- As we are not investigating the substantive issue of complaint, it is not a good use of public resources to consider how the Council dealt with Mr X’s complaint. We will not investigate.
Final decision
- We will not investigate Mr X’s complaint because we are satisfied with the actions proposed by the Authority.
Investigator's decision on behalf of the Ombudsman