The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint that her dog suffered injuries due to the Council’s failure to maintain a playing field. This is because it is reasonable for Ms B to pursue her compensation claim by taking the Council to court.
The complaint
Ms B complains her dog suffered injuries due to the Council’s failure to maintain a playing field. Ms B says the Council has wrongly refused her compensation claim for her vet bill, which was over £750, and the distress her dog unnecessarily suffered.
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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints of administrative fault. We do not normally investigate complaints about a person or animal suffering an injury. 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 Ms B’s position to pursue their claim by taking the Council to court. I find it is reasonable and proportionate for Ms B to do this. So, we will not investigate this complaint.
Final decision
We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman