Summary: We will not investigate this complaint about the contents of a report following an accident which injured Miss Y. This is because it is unlikely we would find the Council at fault and the court is better placed to consider this complaint.

The complaint

1. Miss Y complains about the outcome in the Council’s health and safety report following an accident in which she was injured, which concluded her accident was not foreseeable.
2. Miss Y says this has damaged her claim for compensation and caused her further upset and distress following her accident.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered the information provided by Miss Y and the Council. Miss Y an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Miss Y was injured in an accident outside a shop in 2019. The Council investigated the incident under health and safety legislation. Following its investigation, it completed a report in November 2019 under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
7. The RIDDOR report concluded that the accident had not been foreseeable and that the Council would not take further action against the other person involved. The Council provided Miss Y with the report after she made a request for information in May 2020. Miss Y does not agree with the findings made in the report and says the findings have damaged her legal case, leading to her lawyers withdrawing from the matter.

Analysis

8. The findings of the report are a professional judgement made by the author. The Council as a body are not able to change the content of the RIDDOR report. It is therefore unlikely we would find fault in the contents of the RIDDOR report or that it has not amended the report’s findings.
9. The contents of a RIDDOR report are also underpinned by the question of who is liable for any damage or injury caused in an accident. The Ombudsman does not have the power to decide liability. This is the role of the court. As the contents of the RIDDOR report are not separable from the issue of liability, the court, who can decide liability, are better placed than the Ombudsman to consider this complaint.
10. Consequently, as we are unlikely to find the Council at fault and the court are better placed than the Ombudsman to consider the issues Miss Y has raised, we will not investigate this complaint.

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Final decision

11. We will not investigate this complaint. This is because it is unlikely we would find the Council at fault and the court is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman