Summary: We will not investigate this complaint about TfL’s decision not to retrospectively reimburse Mr X for scrapping his vehicle. This is because an investigation would be unlikely to find fault with TfL’s actions.

The complaint

1. Mr X complained that TfL would not agree to provide him with reimbursement after it introduced a universal scrappage scheme after he had already scrapped his vehicle. He also complained that TfL failed to respond to the complaint he made about this.

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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.

(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 Mr X and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X advises that he scrapped his vehicle after the ultra low emissions zone was increased. Very shortly afterwards TfL introduced a scrappage scheme Mr X would have been eligible for which would have saved him money.
6. Mr X complained to TfL in September 2023 and asked to be reimbursed retrospectively. TfL replied in January 2024 that it would be unable to do this as it would set an unfair precedent for other road users similarly affected.
7. Mr X brought his complaint to the Ombudsman as he was unhappy with TfL’s response as well as the time taken to receive it. There is no law or policy that requires TfL to offer road users who have already scrapped their vehicles reimbursement and TfL has previously explained that this would not be fair to other road users in Mr X’s situation. An investigation would therefore be unlikely to find fault with TfL’s actions.
8. The Ombudsman will not investigate the complaint handling if the substantive issues are not deemed suitable for investigation. Whilst I understand Mr X’s position regarding TfL’s delay in responding to him, this is not something we would investigate further.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with TfL’s actions.

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Investigator's decision on behalf of the Ombudsman