The Ombudsman's final decision
Summary: We will not investigate this complaint about a personal injury claim. This is because the courts are better placed to consider this complaint.
The complaint
Mrs Y complains the Authority has unfairly refused her personal injury claim after a train door closed on her. Mrs Y says she received four months of physiotherapy for her injuries and feels nervous travelling on the train since the accident.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y complained to the Authority after train doors closed on her in August 2020. The Authority referred the matter to its insurer. The insurer refused Mrs Y’s claim for personal injury at the end of April 2022. Mrs Y then approached us in May.
Analysis 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.
Consequently, any claim for personal injury, which Mrs Y considers the Authority to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mrs Y to pursue her claim through 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 consider this complaint.
Investigator's decision on behalf of the Ombudsman