The Ombudsman's final decision
Summary: We will not investigate Mrs X’s personal injury claim. This is because this complaint does not meet the tests in the Ombudsman’s Assessment Code on which complaints we investigate. it is reasonable to expect Mrs X to go to court to determine the Council’s liability.
The complaint
In summary, Mrs X complains on behalf of her husband, Mr Y, about personal injuries arising from a fall in Nottingham Market Square.
Mrs X says that Mr X fell over broken pavement slabs resulting in injuries near his eyes requiring hospital treatment.
The Ombudsman’s role and powers
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. And I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate because personal injury claims are best decided in the courts.
I see no good reason why Mrs X cannot take this matter to court on behalf of Mr Y. The court can decide liability and if Mr X is entitled to claim the costs claimed.
Final decision
I will not investigate. It is reasonable to expect Mrs X to go to court to decide the Council’s liability.
Investigator's decision on behalf of the Ombudsman