The Ombudsman's final decision
Summary: We will not investigate this complaint about an accident for which the complainant is claiming compensation for personal injury. This is because it is a matter for insurers or the courts.
The complaint
The complainant, whom I refer to as Mr X, wants compensation after he was injured by debris on a path.
The Ombudsman’s role and powers
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 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)) 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 Mr X and the Authority. I also considered our Assessment Code.
My assessment
Mr X had accident while using a path and was injured. He contacted the Authority to ask for compensation. The Authority signposted Mr X to the organisation that manages claims on behalf of the Authority.
I will not investigate this complaint because personal injury claims need to be dealt with by insurers or the courts. The Authority responded correctly by asking Mr X to contact its claims handler and we cannot intervene in that process. Mr X can continue to make a claim through the claims handler or he could start legal action. It is reasonable to expect Mr X to do this because insurers or the courts are the appropriate body to decide if the Authority was responsible for the accident and, if so, what level of compensation should be made. These are judgements that only insurers or the courts can make.
Final decision
We will not investigate this complaint because it is matter that needs to be determined by insurers or the courts.
Investigator's decision on behalf of the Ombudsman