Summary: We will not investigate Mr X’s complaint. This is because it concerns liability for an injury sustained on public transport, which the courts are better suited to determine

The complaint

1. Mr X complained on behalf of his grandmother, Mrs Y, after she fell on one of the Authority’s buses and broke her arm. He says the injury caused ongoing distress to Mrs Y and her family. Mr X believes the Authority failed to meet its duty of care to an elderly passenger and did not properly address his complaint. He considers both the driver and the Authority negligent. He is seeking a response to his complaint, reassurance the Authority will prevent similar incidents in future and financial compensation.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Authority.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. As part of my enquiries, I contacted the Authority. It advised it had not received a complaint from Mr X or Mrs Y about the incident. The Authority also explained even if it had received a complaint, it cannot consider complaints about injury claims or requests for financial compensation, as it is for the bus companies’ insurers to handle these matters.
7. 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.
8. We are not able to decide liability or award damages. Consequently, any claim for damages, including emotional or physical injuries, that Mr X believes the bus company caused should be pursued through the companies’ insurers or the court.
9. We will not investigate this complaint because it is reasonable for Mrs Y to pursue her personal injury claim through the bus company’s insurer or the courts.

Back to top

Final decision

10. We will not investigate Mr X’s complaint this is because the courts are better suited to decide issues about liability.

Back to top

Investigator's decision on behalf of the Ombudsman