The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal of his claim for compensation for personal injury and damage to his property. This is because it would be reasonable for Mr X to take the matter to court.
The complaint
The complainant, Mr X, complains he hit his head and damaged his glasses on a low-hanging pole but the Council has refused his claim for compensation.
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 considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. This is because it is not our role to determine the Council’s responsibility for Mr X’s injury or the damage to his property. If he believes the Council is responsible and should pay him compensation it would be reasonable for him to make a claim against it at court.
Investigator's decision on behalf of the Ombudsman