The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that a bus driver damaged her car. This is because Miss X has made a claim to the bus operator and if she is unhappy with the outcome it would be reasonable for her to take the matter to court.
The complaint
The complainant, Miss X, complains a bus driver damaged her car.
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
Complaints about damage to property are matters for the courts, rather than the Ombudsman. The issue in this case concerns the actions of a bus driver working for a third party, apparently on behalf of Transport for London, and it is not for us to determine who should be held liable for the damage.
Miss X confirms she has made a claim to the company and she may wish to appoint an independent company to pursue the matter on her behalf. Ultimately, if Miss X is unhappy with the outcome of her claim it would be reasonable for her to take the matter to court.
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