Summary: We will not investigate Mr X’s complaint about personal injuries his wife and daughter suffered at a Transport for London tram station. This is because it is reasonable for Mr X to use the legal remedy available to him.

The complaint

1. The complainant, whom I shall call Mr X, complains about injuries his wife and daughter suffered at a Transport for London (TfL) tram station. Mr X’s daughter’s pushchair was also damaged. Mr X wants TfL to pay compensation, but it has so far refused. Mr X is unhappy with the time taken to respond to his claim.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out the Ombudsman’s powers but also imposes restrictions on what she can investigate.
3. The law says the Ombudsman cannot normally investigate a complaint when someone could take the matter to court. However, she may decide to investigate if she considers it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c))

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How I considered this complaint

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

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What I found

5. In January 2020, Mr X’s wife and daughter were injured at a TfL tram station. Mr X says his daughter’s pushchair became trapped in a gap in the ground and toppled over. As well as the injuries to Mr X’s wife and daughter, the pushchair was damaged. Mr X has asked TfL to pay compensation, but it has so far refused via its insurer.
6. If Mr X believes his wife and daughter suffered personal injuries because of negligence by TfL he can make a claim in court. This also applies to the damage caused to his daughter’s pushchair.
7. We do have discretion to consider Mr X’s complaint, even though there is a legal remedy available. But I will not exercise the discretion open to me. This is because adjudication on questions of negligence usually involves making decisions on contested questions of fact and law. These require the more stringent and structured procedures of civil litigation for their proper determination.
8. Only a court can decide if TfL been negligent, and what damages, if any, must be paid. We have no powers to enforce such an award. An investigation by us is not therefore appropriate.
9. Mr X is also unhappy with the time taken to respond to his claim. We will not normally investigate complaint handling as a standalone issue if we are not going to investigate the issue which led to the original complaint. This applies here. Investigating the time taken to respond to Mr X’s claim could not give him the outcome he wants, but the legal remedy available to Mr X can.

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Final decision

10. We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.

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Investigator's decision on behalf of the Ombudsman