The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a personal injury. It is reasonable to expect her to apply to Court.
The complaint
Miss X says the Council has not replied to her personal injury claim form.
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 Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says in May 2024 she hurt her arm on a metal cage around a tree. She says she complained to the Council. She says it provided her with a claim form which she submitted. She says she has heard no more. She says she has a permanent scar.
We will not usually investigate claims for personal injuries. The ease of the small claims court along with solicitors no win no fee arrangements mean it is reasonable to expect Miss X to apply to court.
It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to apply to court for her personal injury claim.
Investigator's decision on behalf of the Ombudsman