The Ombudsman's final decision
Summary: We will not investigate this complaint about a damage claim as it reasonable to expect Mrs X to take court action for the compensation she seeks.
The complaint
Mrs X complains a Transport for London (TfL) owned tree damaged her garden shed but TfL has not resolved the matter.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Information supplied by Mrs X indicates that TfL denied liability for the damage.
We cannot determine damage claims, that is, whether TfL is legally responsible for the damage to Mrs X’s shed and if it should pay compensation to her. Such matters can only be decided in court. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court so Mrs X could do this directly or via her own home insurers.
As we cannot achieve the outcome Mrs X seeks, and as there is a procedure open to her to achieve the remedy she seeks, in court, we will not investigate, as it is reasonable to expect Mrs X to take court action.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to take court action for the compensation she seeks.
Investigator's decision on behalf of the Ombudsman