The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the actions of a bus driver who she says caused her to fall and injure herself. This is because the injustice she claims lies in the injuries she suffered and it is for the courts to determine if Transport for London is liable and should pay her compensation.
The complaint
The complainant, Mrs X, complains she fell and was injured while riding on a bus. She says she suffered damage to her leg and is depressed and stressed out.
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 effect on the person making the complaint, which we call ‘injustice’.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
The injustice Mrs X claims relates to the injuries she suffered as a result of her fall. It is not our role to determine claims for personal injury so if Mrs X believes she is entitled to compensation, and that Transport for London (TfL) is liable, it would be reasonable for her to make a claim against it at court.
Final decision
We will not investigate this complaint. This is because it concerns TfL’s liability for Mrs X’s injuries and this is a matter for the courts.
Investigator's decision on behalf of the Ombudsman