The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance and repair because the courts are better placed to consider the complaint and it is reasonable to expect Miss X to go to court about the matter.
The complaint
Miss X complains the Council has refused to take responsibility for an accident she was in on a road she says was poorly maintained.
Miss X says she was injured in the accident and her bike and clothing were damaged. She also says she feels the lack of care for the road shown to bike riders is discrimination in her view.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 Miss X provided and the Ombudsman’s Assessment Code.
My assessment
Miss X says she was injured in the accident and her bike and clothing were damaged. She says this happened because of the poor condition of the road.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs or for treatment as a result of her injuries, which Miss X considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Miss X to pursue a claim through either the Council’s insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Miss X ’s complaint because the courts are better placed to consider the complaint and it is reasonable to expect Miss X to go to court about the matter.
Investigator's decision on behalf of the Ombudsman