Summary: We will not investigate this complaint about the conduct of a bus driver because there is no worthwhile outcome achievable and there is insufficient evidence of significant personal injustice to warrant an investigation by the Ombudsman.

The complaint

1. Miss Y complains about the conduct of a bus driver whilst travelling on public transport. She says the incident caused her anxiety.
2. Miss Y also complains about the Authority’s complaint handling.

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The Ombudsman’s role and powers

3. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

4. I considered information provided by Miss Y and the Authority.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y had a negative experience with a bus driver, whilst travelling on public transport. She complained to the Authority about this.
7. The Authority explained that the situation Miss Y described was unacceptable, and not reflective of the standards it expects from its staff. It said this would be investigated further, and appropriate action would be taken.
8. Miss Y wanted to know the full outcome of this investigation. The Authority explained it was unable to share specific action taken because bus operators carry out disciplinary interviews in confidence, in line with its employment and Human Resource policy. It reassured Miss Y that her complaint was taken seriously.
9. I do not consider the injustice Miss Y has suffered would be significant enough to warrant an investigation by the Ombudsman and it is unlikely we could achieve a worthwhile outcome by investigating this complaint as there would likely be a lack of evidence to substantiate what happened between Miss Y and the bus driver. It is also not for the Ombudsman to decide whether disciplinary action should be taken
10. Miss Y asked the Authority to contact her by telephone, as this was an easier means of communication for her. It took some time for the Authority to schedule this, but I do not consider Miss Y suffered any significant injustice as the telephone call did go ahead. Miss Y was able to discuss her complaint in detail over the phone, and the Authority advised her on how to pursue a compensation claim through its bus operating company.
11. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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Final decision

12. We will not investigate Miss Y’s complaint because there is no worthwhile outcome achievable and there is insufficient evidence of significant personal injustice to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman