The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about personal injuries suffered by Mrs X after she fell on a public path. This is because it is reasonable to expect her to go to court to determine any liability owed by the Council.
The complaint
In summary, Mr Y complains, on behalf of Mrs X, that the height of a kerb on a public path caused Mrs X to fall. He says she broke her hand and some ribs. Mrs X would like £10,000 compensation as a remedy.
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 have considered all the complaint information sent in by Mr Y. This includes the Council’s insurers refusing Mrs X’s claim.
I also considered the Ombudsman’s Assessment Code.
What I found
Mrs X made a personal injury claim to the Council’s insurers.
The Council’s insurers rejected her claim.
Assessment We will not exercise discretion to investigate because the matter of liability for personal injuries is usually between the Council’s insurers and the courts.
Mrs X has already made an insurance claim which has been rejected. It is reasonable for her now to take the matter to court. The court can decide liability and if Mrs X is entitled to damages.
Final decision
I will not exercise discretion to investigate. This is because it is reasonable to expect Mr Y to go to court to decide Mrs X’s personal injury claim.
Investigator's decision on behalf of the Ombudsman