The Ombudsman's final decision
Summary: We will not investigate this complaint about public transport. This is because it is late with no good reasons to exercise discretion to investigate it now.
The complaint
Miss Y complained the Authority revoked her child’s oyster card following an incident involving the police and her child on a bus without the opportunity for her to discuss it. Miss Y says this has caused her distress, worry and inconvenience.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something an Authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Following an incident involving her child on a bus in December 2018, the Authority wrote to Miss Y in July 2019 to inform her that her child’s oyster card, which allowed travel concessions for the child, would be stopped. It also provided details on how she could appeal the decision. Miss Y contacted the Authority in March 2021 to complain. She later approached us in October 2022.
Analysis Miss Y was aware of her reason to complain to us, in July 2019 and March 2021, more than 12 months before she came to us in October 2022. Her complaint is therefore late.
We have discretion to disapply the rule outlined in paragraph two where we decide there are good reasons. Miss Y has not provided good reason why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. We will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is late with no good reasons to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman