The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint that she broke her ankle after tripping on a damaged pavement. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.
The complaint
Mrs B complains she suffered a broken ankle after tripping on a damaged pavement which the Council had failed to repair. Mrs B says this has had a significant impact and left her unable to work. Mrs B complains the Council has wrongly refused to pay her compensation.
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 Mrs 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.
Mrs B has received the Council’s insurer’s decision on her compensation claim. We would normally expect a person in Mrs B’s position to pursue their claim further by taking the Council to court.
I find it is reasonable for Mrs B to do this. Such action is proportionate to the seriousness of the impact of this incident on Mrs B and only the courts can provide the outcome she seeks.
So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman