The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority failing to clear glass from the pavement causing injury to the complainant’s dog. This is because it is not unreasonable to expect the complainant to take the matter to court.
The complaint
The complainant, Mrs A, complained the Authority failed to clear glass from the pavement injuring her dog.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
Mrs A has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.
My assessment
Mrs A told us the Authority failed to clear broken glass from the pavement. This injured her dog who had to have stiches under sedation. Mrs A says this has caused stress to her, her dog and a vet’s bill of £775. Mrs A is seeking an apology, financial remedy for her time and reimbursement of the vet’s bill.
The Authority passed Mrs A’s complaint onto its insurers. Its insurers advised Mrs A on how to pursue a claim.
The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about pet injuries. This is for the Authority’s insurers and ultimately for the courts if there is no resolution. Only the court can decide if the Authority has been negligent. The court can decide what damages, if any, the Authority should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
We would usually expect someone in Mrs A’s position to seek a remedy in court, directly or through insurers. I do not consider there is any exceptional reason why Mrs A cannot do this and so we will not investigate this complaint.
Final decision
We will not investigate Mrs A’s complaint because it is not unreasonable to expect Mrs A to take the matter to court if it remains unresolved.
Investigator's decision on behalf of the Ombudsman