Transport for London (19 019 764)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 27 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his car from a bus operated by one of Transport for London’s contractors. This is because it is reasonable for Mr X to use the legal remedy available to him.
The complaint
- Mr X complains a bus operated by a contractor working for Transport for London (TfL) damaged his car.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- 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 issuing a final decision on his complaint.
What I found
- Mr X says a bus operated by one of TFL’s contractors damaged his car.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are a matter for the contractor’s insurers and, ultimately, for the courts.
- If the contractor’s insurers reject a formal claim from Mr X or his insurance company, it is open to him to make a claim in court. I consider it would be reasonable for him to do so. This is because the Court can then decide if the contractor is responsible for the damage to Mr X’s car. The Court can decide what damages, if any, the contractor should pay. These are not decisions the Ombudsman can take.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman