Transport for London (24 010 869)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 11 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about public transport because the courts are better placed to deal with the complaint.
The complaint
- Mr Y complained about injuries he says he suffered while travelling of one of the Authority’s buses. Mr Y says he no longer feels safe on public transport and has been suffering emotionally and physically since the accident.
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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as for emotional or physical injuries, which Mr Y considers the Authority to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either the Authority’s insurer, which he has been given details for by the Authority or the courts. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because the courts are better placed to deal with the complaint.
Investigator's decision on behalf of the Ombudsman