Summary: We will not investigate this complaint about liability for personal injury and lost wages. This is because X has an alternative legal remedy to achieve what they are looking for and it is reasonable to expect them to use it.

The complaint

1. X said the organisation failed to take action to safeguard them from harm. They said because of this, they suffered an injury and had to stop work consequently. X wants the organisation to compensate them for lost wages and settle a personal injury claim.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. Negligence claims and interpreting the law around civil liability are generally best decided by a court where an organisation does not accept liability, which is the case in this complaint. Only a court can decide whether the problem should have been dealt with by an organisation under a duty of care, to prevent harm, or avoid a person coming to harm, or suffering economic losses. 

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate X’s complaint because they have an alternative legal remedy, through the courts. It is reasonable to expect them to use their alternative remedy, because we cannot achieve their outcome, only a court can decide.

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Investigator's decision on behalf of the Ombudsman