Summary: We will not investigate this complaint about a highways accident because the courts are better placed to consider the complaint, and it is reasonable to expect Miss Y to approach the court.

The complaint

1. Miss Y complained the Authority has failed to compensate her following an accident with a bus.
2. Miss Y says she has been injured and caused significant upset after the driver of the bus became abusive to her. She also says her vehicle was damaged in the incident.

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The Ombudsman’s role and powers

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)
4. 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 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

5. I considered information Miss Y and the Authority and the Ombudsman’s Assessment Code.

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My assessment

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, such as costs for repairs to her vehicle or for any injuries suffered in the incident, which Miss Y considers the Authority to be responsible for, are matters more appropriately dealt with by the courts or insurers.
8. If Miss Y has not yet made a claim, using the details provided by the Authority when she originally complained in 2023, she should do so now if she wishes to pursue damages. If she has already made a claim, and this has been rejected she would need to approach the courts.
9. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Miss Y to be expected to use her right to go to court about this matter. We will not investigate this complaint.

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Final decision

10. We will not investigate Miss Y’s complaint because the courts are better placed to consider the complaint, and it is reasonable to expect Miss Y to approach the court.

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Investigator's decision on behalf of the Ombudsman