The Ombudsman's final decision
Summary: We will not investigate this complaint about public transport. This is because the courts and insurers are better placed to consider the complaint.
The complaint
Mrs Y complained the Authority’s bus driver moved off too quickly after stopping at the bus terminus, causing her to fall, injuring her and damaging her property.
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 was travelling on one of the Authority’s buses when it reached the end of its route. She got up to get off and started to go down the stairs when she says the bus moved suddenly and she fell. Mrs Y says she hurt her hand, back and neck in the accident and her phone was damaged when she fell. She complained to the Authority in July 2022. The Authority then referred her to register a claim with its insurers in September. She approached us in October.
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 damages, such as costs for physiotherapy or replacement of Mrs Y’s phone, which she considers the Authority to be responsible for, are matters more appropriately dealt with by the courts or the Authority’s insurers. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because the courts and insurers are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman