The Ombudsman's final decision
Summary: We will not investigate this complaint about the damage caused to Mr X’s cycle by a Transport for London bus. There is an alternative remedy available which it would be reasonable to expect Mr X to use.
The complaint
Mr X complains a Transport for London (TFL) bus caused him to ride into the kerb as it passed him on the exit of a roundabout.
Mr X further complains this caused damage to his cycle which now needs replacing as a result of being forced into the kerb. He would like the driver re-trained and his cycle repaired or replaced.
The Ombudsman’s role and powers
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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains he was forced from his cycle as the bus passed him exiting a roundabout. The cycle now needs repair or replacement due to the damage sustained.
The damage to Mr X’s cycle and subsequent potential repair or replacement costs would need to be addressed in the courts as this is a civil matter.
Final decision
We will not investigate Mr X’s complaint because it is a matter which he can take to court should he choose. It is reasonable to expect Mr X to use this right.
Investigator's decision on behalf of the Ombudsman