Summary: We will not investigate this complaint about the impact of a road closure on Ms X’s business. This is because we cannot achieve the outcome Ms X is seeking and she can take the matter to court.

The complaint

1. Ms X complained Transport for London did not notify her the road her business is located on would be closed to traffic. She said the road closure had severely impacted the turnover of her business. Ms X wanted Transport for London to reimburse her for charges her business has incurred due to the road closure.

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 Ms X and the Authority.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X complained Transport for London did not notify her about a road closure near her business premises. She said the road closure had affected her business turnover, and she had incurred additional costs.
7. Transport for London told Ms X that it had written to residents and businesses on the street in question to advise about the road closure. It told Ms X there was a nearby loading bay which her business could use for deliveries.
8. Ms X wanted reimbursement for loss of earnings. However, we do not normally recommend remedies that reimburse loss of earnings. This is because we are unlikely to be able to reach conclusive findings on such matters through our investigations. We cannot usually prove a clear and causal link between the fault and the claimed injustice of lost earnings. There are often other reasons, personal circumstances and choices involved. Such payments are therefore best resolved by the courts.
9. We will not investigate this complaint because we cannot achieve the outcome Ms X wants. It is reasonable for Ms X to take the matter to court and seek redress this way.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because we cannot achieve the outcome she is seeking, and she can take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman