The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that she suffered injuries after tripping while works were taking place on the public highway. This is because it is reasonable for Mrs X to take the matter to court.
The complaint
Mrs X complains she tripped and suffered injuries and damage to her belongings because the Council’s contractor failed to ensure it met legal and safety standards while carrying out maintenance works. She says the Council has not assisted her to resolve the matter.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
The Act 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X believes the contractor is responsible for her personal injury and damage to property. The contractor is not itself a body within our jurisdiction so I have looked at the evidence Mrs X provided and it appears the contractor was working on the Council’s behalf. We can therefore consider the complaint against the Council.
We cannot however determine negligence or personal injury claims.
If Mrs X believes the Council is liable for the injuries she suffered when she fell, or for the damage to her belongings, it would be reasonable for her to make a claim against it at court. Mrs X may wish to seek legal advice before making a claim, including on the point of whether the Council or the contractor may be liable.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman