Transport for London (23 002 046)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 29 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway maintenance because the courts are better placed to consider this complaint.
The complaint
- Mrs Y complained the Council has failed to maintain the highway, leading to her being injured in an accident. She feels the Council should pay for her continued treatment, including physiotherapy.
- Mrs Y says she suffered injuries to her arm in her accident, which she is currently paying for treatment for and had to miss work for three months.
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 had an accident in February 2022 and suffered injuries. Mrs Y made a claim against the Council in March. The Council denied liability for the injuries in October. Mrs Y then approached us in May 2023.
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 personal injury. 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, such as costs for physiotherapy, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
Final decision
- We will not investigate Mrs Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman