Summary: We will not investigate this complaint about London Travelwatch’s handling of Mr X’s complaint about a public transport service. This is because there is not enough evidence of fault by London Travelwatch, its actions did not cause Mr X significant injustice and we could not achieve any worthwhile outcome for Mr X even if we did investigate.

The complaint

1. Mr X complains about London Travelwatch’s (LTW’s) handling of his complaint about Transport for London. He says LTW failed to properly consider his complaint and did not engage with, or respond to, the points he raised.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. LTW is an independent watchdog which deals with complaints from transport users in and around London.
5. Mr X complained to LTW about conflicting clauses in Transport for London’s ‘conditions of carriage’. LTW acknowledged Mr X’s concerns but dismissed the complaint, stating the conditions were sufficiently clear. On review, LTW explained it is not a regulator and has no power to change the conditions itself. It agreed however to ask Transport for London to update the conditions as part of any future review.
6. While it is clear Mr X disagrees with LTW’s decision I am satisfied LTW properly considered his complaint and reached a decision it was entitled to make. We are not an appeal body and we cannot therefore decide whether LTW’s decision was wrong.
7. I am also satisfied LTW’s decision did not cause Mr X significant enough injustice to warrant investigation and that an investigation could not achieve any worthwhile outcome for Mr X. This is because the policy complained about is not something over which LTW has any direct control. The most it could do is to ask Transport for London to consider amending it and it has already agreed to do this, even though it did not uphold the complaint.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by LTW or to show its actions caused Mr X significant injustice. We also could not achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman