Summary: We will not investigate this complaint about a Penalty Fare for a bus journey. This is because the case has already been considered by the Independent Appeal Panel and we are unlikely to find fault with the appeal process.

The complaint

1. Ms X received a Penalty Fare for travelling on a bus without her discounted travel photocard. She wants the Authority to refund the Penalty Fare.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Authority.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Some people qualify for discounted bus and tram travel. To qualify for the discount the person must travel with the discounted oyster card and the discounted photocard. The rules say to get discounted travel, you must carry your valid bus and tram discount photocard and your oyster card with the Bus and Tram discount set on it for each journey.
9. Ms X has a discounted oyster card and a discounted photocard. Ms X travelled by bus but left the photocard at home. The Authority issued a penalty fare; the fine was £100 but reduced to £50 if paid within 21 days.
10. Ms X appealed. The Independent Appeal Panel considered her appeal and accepted she had made an error and left the photocard at home. It noted people are only entitled to cheaper travel if they show their photocard when asked to do so; this is so the Authority can be sure the discounted travel is being claimed by the right person. The Panel accepted Ms X is entitled to cheaper travel but it decided not to cancel the penalty fare because she could not produce a copy of her photocard as required.
11. Ms X disagrees with the decision and believes the Authority should cancel the fine because of her disability.
12. I will not investigate this complaint because the case has already been heard by the Independent Appeal Body and we do not function as a further right of appeal. The decision made by the Appeal Panel is final and we cannot question that decision or ask the Authority to cancel the fine contrary to the findings of the Panel.
13. We can consider whether there was any fault in the appeal process. However, I am satisfied the Panel properly considered Ms X’s comments and the medical evidence she provided when it reached its decision. We are unlikely to find fault with the process and therefore cannot criticise the outcome. Ms X is unhappy that she needed to pay for her doctor to provide evidence to support her appeal. But the Authority is not responsible for fees charged by third parties, and it was Ms X’s choice to request and pay for this information.
14. Ms X says she should be entitled to a Freedom Pass. Applications for Freedom passes are managed by the local London Borough Council. If Ms X is unhappy with the Council’s decision not to issue her a Freedom Pass, it is open to her to complain to her local Borough Council.

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Final decision

15. We will not investigate Ms X’s complaint because it has been considered by the Independent Appeal Panel and we are unlikely to find fault with the appeal process.

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Investigator's decision on behalf of the Ombudsman