Transport for London (22 012 519)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 06 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a personal injury claim. This is because the courts are better placed to consider this complaint.
The complaint
- Ms Y complained the Authority passed her personal injury claim to a claims management company, which has since stopped responding to her about the claim.
- Ms Y says she is seeking compensation for her injury and inability to work.
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 Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
- Ms Y suffered injuries after a window latch fell on a train, hitting her head in March 2022. She reported this to the Authority, who passed her claim onto a claims management company. She says the company is now no longer in operation and she has not received responses to her contacts to the company or the Authority. She approached us in December.
Analysis
- 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. These are legal claims which may only be determined by insurers or the courts.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as for a loss of income, which Ms Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. If the Authority is not responding to correspondence about the claim, it is for Ms Y to now approach the courts if she wishes to pursue her claim. We will not investigate.
Final decision
- We will not investigate Ms Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman