Halton Borough Council (24 013 145)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 16 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a refund of £54 in relation to the Mersey Gateway Bridge. This is because there is insufficient evidence of injustice.
The complaint
- Miss X complained that the Council will not retrospectively issue a monthly pass for the Mersey Gateway Bridge, would have saved her money when compared with pay per use charges.
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 any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B).)
How I considered this complaint
- I considered information provided by the complainant and the Council, and relevant terms, conditions and guidelines.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Merseyflow administers the charge system for the Mersey Gateway Bridge on behalf of the Council. The cost of a monthly travel pass for unlimited journeys across the Mersey Gateway Bridge was £90. Miss X paid £144 for a total of 72 journeys within a one-month period at the cost of £2 per journey. Miss X says she used the Bridge more than expected due to a family illness and subsequent bereavement.
- Miss X requested that a monthly pass be allocated retrospectively and the difference of £54.00 to be refunded to her. The Council has declined to do this as it says changes cannot be made retrospectively in line with policies, terms and conditions.
- We will not start an investigation because a dispute over £54.00 does not represent a degree of injustice which warrants our further involvement.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman