The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her claim for damages after her pet was injured. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, Mrs X, complains about the Council’s decision to refuse her claim for damages after her pet was injured. Mrs X says the injury was caused by the actions of her husband’s carers. The vet treatment cost £4000.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X made a claim for damages to the Council after her pet was injured. Mrs X says the injury was caused by the actions of her husband’s carers.
The Council’s insurers considered the claim. It denied liability and set out the reasons for its decision.
We will not investigate Mrs X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim and make a ruling on whether the injury was caused by negligence by the carers. Only the courts can make such a ruling and, if so, decide whether to award damages to Mrs X and at what level. If Mrs X wishes to pursue her claim further it is reasonable to expect her to use her right to make her claim in the courts. Making a claim in the small claims court is a simple, low cost and accessible process with fees on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.
Final decision
We will not investigate Mrs X’s complaint because it is about negligence which is a legal matter for the courts to decide.
Investigator's decision on behalf of the Ombudsman