The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint that she suffered an injury due to the Council’s failure to remove a dangerous tree. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.
The complaint
Mrs B complains she damaged her teeth after walking into a low and dangerous tree in a poorly lit area. Mrs B says the Council has wrongly refused her compensation claim for the required dental work which will cost over £5,000 and the distress she has 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 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 order a party to 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