Transport for London (21 015 070)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 07 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the handling of her claim for compensation for damage to her vehicle. This is because it would be reasonable for Miss X to take the matter to court.
The complaint
- The complainant, Miss X, complains she suffered damage to her car as a result of a collision with a bus operated on behalf of Transport for London (TfL). She is unhappy with the bus company’s handling of her claim.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
- We investigate complaints about councils and certain other bodies. TfL is a body within our jurisdiction but the bus company is not.
- Miss X says she reported the collision and the damage to her vehicle to TfL and they directed her to the bus company. The bus company is currently dealing with her claim but Miss X is not happy with the length of time it is taking to provide a resolution. She also complains she had to take time out of her work day to travel to the site of the collision to take photographs at their request and to chase the matter.
- We have considered this complaint against TfL because the bus company was acting on its behalf to provide services in and around the City. But whether the bus company or TfL is liable for the damage is a matter for the courts. If therefore Miss X is unhappy with the bus company’s handling of her claim, or if she is not happy with the outcome, it would be reasonable for her to take the matter to court. Miss X may also wish to raise the matter with her insurers, who may be able to provide her with assistance for her claim.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Miss X to take the matter to court.
Investigator's decision on behalf of the Ombudsman