The Ombudsman's final decision
Summary: We will not investigate this personal injury claim. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to go to court.
The complaint
In summary, Miss X says a uneven pavement caused her to fall and sprain her ankle. Miss X would like compensation for the inconvenience caused.
The Ombudsman’s role and powers
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 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 also considered the Ombudsman’s Assessment Code.
My assessment
After making a claim to the Council - and if the Council has denied liability - Miss X can go to court. We will not investigate because personal injury claims are better decided in the courts. It is reasonable for Miss X to take the matter to court. The court is best placed to decide if the Council is liable for Miss X’s injury.
Final decision
I will not investigate. This is because it is reasonable to expect Miss X to go to court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman