The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s train journey on a TfL line. This is because an investigation would be unlikely to lead to a different outcome.
The complaint
Mrs X complained about a train journey that was delayed by three hours and caused her to suffer physical difficulties and financial loss.
The Ombudsman’s role and powers
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: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to TfL after a train she was travelling on lost power and stopped for over 3 hours. Mrs X said she missed an important event, and a physical condition she has was made worse by this situation.
TfL explained that an unforeseen fault had caused the issue and offered Mrs X a refund of the train ticket and a £50 financial payment. Mrs X was unhappy with TfL’s response and brought the complaint to the Ombudsman.
The Ombudsman does not take punitive action against local authorities and its financial awards for distress and injustice are designed to be symbolic rather than compensatory. With this in mind, the evidence shows TfL has offered Mrs X a remedy which is in line with our guidance on remedies. An investigation would therefore be unlikely to result in a different outcome.
Final decision
We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman