Summary: The Ombudsman will not investigate this complaint about an injury sustained by the complainant’s puppy in a park. This is because complaints of liability for injury need to be determined in court.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council is responsible for an injury sustained by her puppy. She says the Council should pay her compensation for the costs she has incurred.

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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. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

5. Ms X was walking her dog using an extendable lead. The puppy slipped on wet grass and ran into rope which forms part of a children’s climbing frame. He suffered a serious injury. Ms X has had to spend a lot of time and money dealing with his injuries and rehabilitation. Ms X does not have pet insurance.
6. Ms X complained to the Council and asked for compensation. She said the Council’s equipment caused the accident. She said the play equipment should be fenced off so people can walk their dogs in safety. She said the rope is very thick.
7. In response the Council visited the park and explained it regularly checks the play equipment. It said no defects had been reported since the last safety inspection and there is no requirement to fence off play equipment. It denied liability for the accident and said there are signs up saying it is the responsibility of owners to be in control of their dogs.
8. Ms X disagrees with the Council’s response. She says the Council should take responsibility because her dog was injured on Council equipment. She has incurred costs in excess of £4500. Ms X wants compensation for the costs and trauma.

Assessment

9. I will not start an investigation because this is a matter for the courts. The Ombudsman does not act as an appeal body and does not determine claims for damages or make decisions about liability and negligence. It would be for the courts to decide if the Council has been negligent in the management of the play equipment and whether it should compensate Ms X for the injury. Only the courts have the necessary expertise to determine liability and, if a court decides a council has been negligent, to decide what should be paid in damages.

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Final decision

10. I will not start an investigation because complaints about liability for accidents need to be determined in court.

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Investigator's decision on behalf of the Ombudsman