Summary: We will not investigate this complaint about the cost of replacing a travelcard. This is because there is not enough evidence of fault to justify an investigation and insufficient evidence of injustice.

The complaint

1. Ms X complains about the Council’s decision to charge her for a replacement travel pass. She says the card was damaged because of her disabilities and personal circumstances, so this is unfair. Ms X would like the Council to refund the fee.

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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 or continue 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, or

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Background

5. Ms X damaged her travel pass and the Council charged her £15.00 for a replacement.
6. Ms X was unhappy about this charge. She said her card had been damaged as she had to bend it to use it, because of her disability. She also said she regularly disinfected the card to avoid illness, which caused further damage.
7. The Council considered Ms X’s complaint and whether to waive the fee because of her disabilities. But decided it would still charge her. In the complaint response the Council explained that if it did not charge Ms X, this could lead to other people making similar claims, which would be costly. The Council advised Ms X to use the protective wallet that came with the card. It explained that it had considered

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Assessment

8. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault. The Council considered Ms X’s complaint and her disabilities. It also provided her with advice about how to look after her card. Although Ms X is unhappy with the Council’s decision, there is not enough evidence of fault to justify an investigation.
9. There is also insufficient evidence of injustice. The Council have charged Ms X £15.00 for a replacement card. This is a standard amount, which the Council charged Ms X after it considered her circumstances. I appreciate Ms X does not think she should pay for the replacement, but this has not caused injustice which requires an investigation.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman