Summary: We will not investigate this complaint about alleged failures by Transport for London in relation to safety procedures at a London underground station. This is because the issue is essentially a negligence claim and if Mrs X thinks Transport for London is responsible for her injury it would be reasonable for her to take the matter to court.

The complaint

1. Mrs X complains she suffered an injury as a result of failures in safety provision on the London underground. She says she caught her foot between the train and the platform and staff members were unable to provide first aid or evacuate her from the station.

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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 effect on the person making the complaint, which we call ‘injustice’.
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint. This is because the injustice Mrs X claims lies in the injury she suffered to her leg and it is not for us to determine TfL’s liability for the injury or to recommend it pays her compensation.
7. TfL’s insurers have refused Mrs X’s claim and if she wishes to pursue the matter it would be reasonable for her to make a claim against it at court.

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Investigator's decision on behalf of the Ombudsman