Summary: The Ombudsman will not investigate Mrs X’s complaint about the theft of her car’s catalytic converter while she was parked in a Transport for London (TfL) car park. This is because if Mrs X thinks TfL has been negligent, then it is reasonable for her to pursue the matter in court.

The complaint

1. Mrs X parked in a TfL car park. While parked, her car’s catalytic converter was stolen. Mrs X asked TfL for CCTV footage, but the cameras were not working. Mrs X has asked TfL for compensation, but it has refused on the basis the car park’s terms and conditions state cars are parked at the owner’s risk. Mrs X says TFL acted negligently by not ensuring the CCTV cameras were working.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. The role of the Ombudsman is to look for administrative fault. We cannot establish liability in complaints involving negligence. Such matters are for insurers, and ultimately, the courts. If TfL’s insurers reject a formal claim from Mrs X, then it is open to her to make a claim in court. Only a court can decide if TfL has acted negligently. It can decide what damages, if any, TfL should pay. These are not decisions the Ombudsman can take, and so an investigation is not appropriate.

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Final decision

6. The Ombudsman will not investigate Mrs X’s complaint. This is because if Mrs X thinks Transport for London has been negligent, then it is reasonable for her to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman