The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council handled Ms X’s personal injury claim. This is because we have no remit to consider matters in connection with injury claims as ultimately these are decided in court.
The complaint
In summary, Ms X complains about the way the Council handled her personal injury claim after she tripped and fell on the public highway.
While she has now been paid in full, Ms X says the Council delayed in dealing with her claim, failed to consider her evidence fairly and unreasonably demanded a full medical release of her personal information.
She says she was caused distress and anxiety, would like an apology and an assurance that their procedures will be reviewed.
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 Ms X.
I also considered the Ombudsman’s Assessment Code.
Assessment We will not investigate because the matter of liability for personal injuries is usually between the Council’s insurers and the courts.
Ms X made a claim which has now been accepted by the Council. Essentially, she now seems to be saying she has not received a full remedy. She may be able to pursue the matter in court and the court can decide if she is entitled to additional compensation.
While I appreciate Ms X says she is concerned with the Council’s process failings, we would not look at this in isolation if we are not investigating the substantive issues.
Final decision
I will not investigate. This is because it is reasonable to expect Ms X to go to court if she considers she has not received a full remedy to her claim.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman