The Ombudsman's final decision
Summary: We will not investigate this complaint about an incident at a Council beach. This is because it is reasonable for Miss B to pursue this matter at court.
The complaint
Miss B complains her child stepped in human faeces on a beach. Miss B says the Council had not maintained the beach and there are not enough washing facilities. Miss B also says if there were free toilets this incident may not have happened. Miss B would like the Council to pay her 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Miss B’s complaint the Council has set out how it maintains this beach and the facilities that are available to visitors.
If Miss B considers this incident was the result of Council negligence, she would need to put in a compensation claim to the Council, and if needed, pursue the claim at court. Our role is to consider complaints of administrative fault. Only a court can decide if a council has been negligent, and if so, make an order for damages. I find it is reasonable for Miss B to do this. So, we will not investigate this complaint.
Final decision
We will not investigate Miss B’s complaint because it is reasonable for Miss B to take the Council to court.
Investigator's decision on behalf of the Ombudsman