The Ombudsman's final decision
Summary: We will not investigate this complaint about public transport because the courts and insurers are better placed to consider the issue.
The complaint
Ms Y complained about an incident where she was on one of the Authority’s trains which stopped for two hours in a tunnel between two train stations. Ms Y says this impacted her health and is seeking compensation.
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 Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Ms Y says she has suffered from health problems after being stuck on a train belonging to the Authority for two hours. She is seeking compensation for the damage to her health and has made a claim to the Authority’s insurer which has been denied.
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 which Ms Y considers the Authority to be responsible for, are matters more appropriately dealt with by the courts. This is particularly where a claim has been denied by the Authority’s insurers as liability is disputed. We will not investigate this complaint.
Final decision
We will not investigate Ms Y’s complaint because the courts and insurers are better placed to consider the issue.
Investigator's decision on behalf of the Ombudsman