The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council refused to pay compensation for injuries after a complainant tripped over a raised flagstone. This is because it would be reasonable for the complainants to make a claim against the Council at court.
The complaint
Mr & Mrs X complain that the Council refused to pay compensation after Mrs X tripped over a raised flagstone on the public highway and injured herself. Mr & Mrs X also complain about how the Council dealt with their complaint.
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.
My assessment
I will not investigate the Council’s decision to refuse Mr & Mrs X’s compensation claim. It is not our role to decide disputes over liability for personal injury, this is a matter for the courts. If Mr & Mrs X believe that the Council is responsible for Mrs X’s injury, and that it should pay her compensation, it would be reasonable for them to make a claim against the Council at court.
I will not investigate how the Council dealt with Mr X’s complaint about these matters. This is because it is not a good use of public funds to investigate complaint handling when we have decided not to investigate the substantive issues raised in a complaint.
Final decision
We will not investigate Mr & Mrs X’s complaint because it is reasonable for them to make a claim to the courts.
Investigator's decision on behalf of the Ombudsman