The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint that she suffered injuries after tripping on a damaged pavement. This is because it is reasonable for Mrs B to take the Council to court.
The complaint
Mrs B complains she suffered injuries and has been unable to work after tripping on a damaged pavement which the Council had failed to repair. Mrs B says the Council has wrongly refused her 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 Act 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 Mrs B.
I considered the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints of administrative fault. We do not normally investigate personal injury complaints. This is because such complaints are about whether an organisation has been negligent. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. In addition, only a court can decide if an organisation should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
So, we would usually expect someone in Mrs B’s position to pursue their claim by taking the Council to court. I find it is reasonable and proportionate for Mrs B to do this. So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman