Transport for London (22 008 531)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 11 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that he was assaulted by enforcement agents acting on behalf of Transport for London. This is because the police and the courts are better placed to consider the issue.
The complaint
- The complainant, Mr X, complains enforcement agents (bailiffs) acting for Transport for London (TfL) assaulted him to gain entry to a communal area for the purposes of seeking payment for an unpaid penalty charge notice issued to his neighbour. He says the bailiffs’ actions were illegal as they did not have a warrant.
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 provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Assault is a criminal matter; as such it is for the police to investigate, rather than for us. If Mr X was injured as a result of the bailiffs’ actions then he may wish to seek legal advice about making a claim through the courts. It would be for the courts to determine if the bailiffs, the company they were working for or TfL is liable for any injury.
- Mr X may also apply to the relevant court to challenge the bailiffs’ fitness to practice. Further information about this process is available online.
- While Mr X is unhappy with the action taken by the bailiffs against his neighbours this does not directly affect him and we would not therefore consider it as part of his complaint.
Final decision
- We will not investigate this complaint. This is because Mr X’s injustice lies in the alleged assault by the bailiffs and there are other bodies better placed to consider this.
Investigator's decision on behalf of the Ombudsman