The Ombudsman's final decision
Summary: We will not investigate this complaint about an accident for which Mrs X is claiming compensation for personal injury. This is because it would be reasonable for Mrs X to take the matter to court.
The complaint
Mrs X complains the Authority refused to compensate her after she was injured by an uneven footpath. She wants the Authority to accept the uneven footpath caused her injuries.
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 ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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
Mrs X had an accident while using a path and was injured. She made a claim for compensation with the organisation that manages claims on behalf of the Authority. The organisation rejected Mrs X’s claim.
I will not investigate this complaint because personal injury claims need to be dealt with by insurers or the courts. Mrs X contacted the Authority’s claims handler and received a decision about her claim. We cannot intervene in that process. Mrs X may start legal action for any continuing dispute about liability and a claim for damages. It is reasonable to expect Mrs X to do this because the courts are the appropriate body to decide if the Authority was responsible for the accident and, if so, what level of compensation should be made. These are judgements that only the courts can make.
Final decision
We will not investigate this complaint about an accident for which Mrs X is claiming compensation for personal injury. This is because it would be reasonable for Mrs X to take the matter to court.
Investigator's decision on behalf of the Ombudsman