The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision and handling of Ms X’s insurance claim. This is because it is reasonable for Ms X to pursue this matter at court.
The complaint
Ms X complains about the Council’s handling and refusal of her insurance claim after she tripped on a pavement. As a result, Ms X says she suffered injuries and damaged her personal belongings. Ms X says the Council was not truthful in its handling of her claim causing her stress and upset. She wants the Council to apologise, pay her claim and review their processes to restore trust.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not consider Ms X’s complaint. This is because it is about an insurance claim for personal injury and damages to personal belongings which should be escalated via the small claims court as it is best placed to deal with such matters. We will also not investigate how the matter was handled as the underlying issue is a matter for the courts.
It is reasonable to expect Ms X to use her right to pursue the matter further in the courts if she considers the Council liable for her claim. Making a claim in the small claims court is a simple and straightforward process with fees set on a sliding scale relative to the amount being claimed.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to pursue this matter at court.
Investigator's decision on behalf of the Ombudsman