The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about her son’s injuries resulting from a fall on the pavement. This is because it would be reasonable for her to take the matter to court.
The complaint
The complainant, Mrs X, complains her son suffered an injury which she believes the Council is responsible for.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
Whether the Council is liable for the injury to Mrs X’s son, and the amount of any compensation he should receive if the Council is found liable, is a matter for the courts rather than for the Ombudsman. If Mrs X believes the Council is response for her son’s injury it would be reasonable for her to take the matter to court.
Final decision
We will not investigate this complaint. This is because it concerns liability and compensation for personal injury and these are matters for the courts.
Investigator's decision on behalf of the Ombudsman