Summary: We will not investigate this complaint about public transport because the courts and insurers are better placed to consider the complaint.

The complaint

1. Miss Y complained that the Authority failed to offer her support for the distress caused when she was witness to an accident involving one of the Authority’s vehicles. Miss Y says she has suffered from fear and distress since the incident.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information Miss Y provided and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss Y says that she was in a distressed state after she witnesses an accident and that following the accident she struggles day-to-day with travel as a result of what she saw. She feels the Authority ought to have offered her more assistance previously. She also says that following the accident she had provided her name and contact details and she was contacted by an insurer, albeit this was wrongly addressed.
5. As the Authority did appear to act at the time to get contact details for Miss Y and then contacted her, albeit with incorrect details, there is not enough evidence of fault to justify investigating. It also says that Miss Y said she did not need further help at the time. However, if Miss Y now feels that she does need help, such as counselling, she would need to make a negligence claim or a claim for personal injury.
6. 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 damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages for personal injury, including mental health, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

8. We will not investigate Miss Y’s complaint because the courts and insurers are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman