The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a public transport issue. This is because the injustice he claims lies in damage to his health, which is not something we can remedy. It would be reasonable for Mr X to make a claim against Transport for London and take the matter to court.
The complaint
The complainant, Mr X, complains about conditions onboard a train service operated by Transport for London (TfL). He says that due to a lack of air he had difficulty breathing and this have given him a bad health condition.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
We cannot determine claims for personal injury; if therefore Mr X believes the conditions on the train have affected his health he should make a claim against TfL. If he is unhappy with the outcome of his claim it would be reasonable for Mr X to take the matter to court. Any other injustice Mr X claims from the incident is not significant enough to warrant investigation. TfL has apologised for what happened and has explained that Mr X may claim back the cost of his fare. If Mr X wishes to pursue his complaint about TfL further he could ask London Travelwatch to investigate.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to make a claim to TfL and take the matter to court.
Investigator's decision on behalf of the Ombudsman