The Ombudsman's final decision
Summary: We will not investigate this complaint about a broken bollard. This is because the courts are better placed than us to consider the complaint.
The complaint
Ms Y complains the Council failed to replace a missing bollard but left a stump of the previous bollard on the side of the road. Ms Y says she tripped over the stump and fell onto her face onto the road. She says she received a cut to her hand and bruising on her face as a result.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complain. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Ms Y had her accident in November 2021 and complained to the Council shortly afterwards. The Council responded in January 2022, denying any fault. Ms Y then approached us in April.
Analysis Ms Y’s injustice are the injuries she suffered to her hands and her face because of her fall. If Ms Y considers the Council responsible for her injuries she would need to make a personal injury claim against the Council’s insurance. The insurer can consider her claim and decide whether or not it considers the Council to be liable ands pay damages.
If the insurer denies liability, Ms Y can then decide whether or not she wishes to pursue her claim in court. The court can decide whether or not the Council is or is not liable for her injuries and decide what level, if any, damages should be paid.
The Ombudsman cannot decide whether the Council is liable for such a claim and cannot award damages. However, the court can do this and so is better placed than we are to consider this complaint. Consequently, we will not investigate.
Final decision
We will not investigate Ms Y’s complaint because the courts are better placed than us to consider the complaint.
Investigator's decision on behalf of the Ombudsman