Swindon Borough Council (21 002 350)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 14 Jul 2021
The Ombudsman's final decision:
Summary: Mr X was trapped in a council operated lift until the fire brigade rescued him. Mr X wants the Council to pay compensation. We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to take the matter to court.
The complaint
- The complainant, whom I shall refer to as Mr X, was trapped in a council operated lift. The fire brigade rescued Mr X. There is a dispute about how long Mr X was trapped in the lift. Mr X says the incident has affected his mental health and wants the Council to pay compensation. The Council’s insurer has refused Mr X’s claim.
The Ombudsman’s role and powers
- 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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- Mr X’s complaint is effectively a personal injury claim against the Council. At the heart of the complaint is whether the Council has been negligent. Such matters are for the Council’s insurers and the courts. The Ombudsman cannot decide liability in such cases.
- Now the Council’s insurers have refused Mr X’s claim it is open to him to make a claim in court. The Court can decide if the Council has been negligent and what damages, if any, the Council should pay. I see no reason Mr X should not use the legal remedy available to him. The process for making a claim is simple and Mr X could consider contacting a “no-win, no-fee” firm of solicitors to represent him. We will not therefore investigate.
Final decision
- We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman