London Borough of Newham

The Ombudsman's final decision

Summary: We will not investigate this complaint about personal injury caused by alleged highway disrepair.

This is because Miss X has an alternative legal remedy, to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent .

It is therefore reasonable to expect Miss X to use her legal remedy.

The complaint

Miss X complains she sustained injuries after a fall on a public footpath.

Miss X says this caused distress.

Miss X wants the Council to compensate her for her injuries.

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 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 provided by Miss X.

I considered the Ombudsman’s Assessment Code.

My assessment

We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.

Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused injury to a person, or if it is liable to pay damages for a person’s injury.

We will not investigate this complaint. We cannot decide liability nor order the Council to pay Miss X damages. Only a court can do this. Therefore, it is reasonable for Miss X to take the matter to court.

Final decision

We will not investigate Miss X’s complaint because she has an alternative legal remedy through the courts. Only the courts can achieve the outcome she is looking for, so it is reasonable to expect Miss X to use this remedy.

Investigator's decision on behalf of the Ombudsman