The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about alleged negligence by the Council causing personal injury to members of his family. This is because it would be reasonable for Mr X to take the matter to court.
The complaint
The complainant, Mr X, complains the Council has been negligent in promoting the COVID-19 vaccination. He says the vaccine killed his step-father and has caused his mother health problems.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate complaints about negligence, which is a legal issue, or assess claims for personal injury. If Mr X believes the Council has been negligent and that this resulted in injury to his step-father and mother, it would be reasonable for him to take the matter to court. Mr X has submitted a letter before action to the Council and does not require any further response by the Council before progressing his claim.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman