North Yorkshire Council (23 007 905)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 03 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about personal injury to the complainant following attendance as a music concert held in a Council-owned venue. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable for the complainant to ask the courts to decide if the Council is liable.
The complaint
- The complainant, I shall call Mr X, says the Council failed to provide a duty of care to his health and safety and denies responsibility for an injury he says he incurred on Council property.
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 information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman considers complaints about administrative fault. We cannot establish liability in personal injury claims. Such matters are for insurers, and, ultimately, the courts.
- Mr X says the Council is responsible for damage to his hearing which he says was sustained at a music concert held at a Council-owned venue.
- It is therefore reasonable to expect Mr X to make a claim on the Council’s insurer for personal injury. If his claim is refused, he can make a claim in court. I consider it would be reasonable for him to do so. This is because only the court can decide if the Council is liable for his injury. The court can decide what damages, if any, the Council should pay Mr X. As this is not a question of administrative fault, an investigation is not appropriate.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to make a claim on the Council’s insurer and if refused, for him to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman