The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that he suffered severe injuries after tripping on a defective pavement. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
Mr B complains he suffered severe injuries after tripping on a raised paving stone which the Council had failed to repair. Mr B says he fractured his nose, broke ribs, and lost all of his front top teeth. Mr B says the incident has resulted in long term effects to his speech, breathing and ability to eat. Mr B also says he cannot afford the £13,000 needed for dental implants.
Mr B says the Council has wrongly not accepted liability for the incident and has refused his compensation claim. Mr B would like the Council to pay him compensation for his injuries and losses.
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 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate personal injury complaints. This is because in effect such complaints are that an organisation has been negligent.
Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
Mr B has received the Council’s insurer’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
Mr B says he cannot take the Council to court because he does not qualify for legal aid and he is concerned he will not find legal representation on a no-win, no- fee basis.
I find it is reasonable for Mr B to take the Council to court. Any legal costs Mr B may have to pay are proportionate to the seriousness of the impact of this incident on his health and the cost of dental treatment.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman