The Ombudsman's final decision
Summary: We will not investigate this claim for a personal injury. 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 complaint to go to court.
The complaint
In summary, Mr X complains about a suffering a fall when his crutch got stuck in a broken paving stone. He says he injured his leg severely requiring ongoing medical treatment but the Council has denied liability. He says he was already disabled and is now suffering depression.
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 considered the Ombudsman’s Assessment Code.
My assessment
The Council has denied liability for the injuries suffered by Mr X. We will not investigate because personal injury claims are best decided in the courts. It is reasonable for Mr X to take the matter to court. The court is best placed to decide if the Council is liable for Mr X’s claim.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman