The Ombudsman's final decision
Summary: We will not investigate this complaint about personal injuries suffered by Mrs X after she fell over the feet of a bench. This is because it is reasonable to expect Mrs X to go to court to determine any liability owed by the Council.
The complaint
In summary, Mrs X complains that a protruding and rusty public bench in Hove caused her to fall and suffer a potential fractured cheekbone. She would like to be compensated for her injuries.
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)
How I considered this complaint
I have considered all the complaint information sent in by Mrs X.I also considered the Ombudsman’s Assessment Code.
Assessment We will not investigate because the matter of liability for personal injuries is usually between the Council’s insurers and the courts.
Mrs X can make a claim to the Council and if it is rejected, she can ultimately take her claim to court. The court can decide liability and if she is entitled to damages.
Final decision
I will not investigate. This is because it is reasonable to expect Mrs X to go to court to decide her personal injury claim.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman