Summary: Miss X seeks compensation from the Council for vet fees and distress after her dog was injured. We will not investigate as this is a matter for the courts and it is reasonable to expect Miss X to take her case to court.

The complaint

1. Miss X complains the Council was negligent in the way it left grass cuttings in situ which caused her dog to be injured by hidden grass darts. Miss X says her dog was injured by the darts and had to be taken to the vets. Miss X seeks compensation from the Council for the vet fees and for the distress she was caused.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We cannot determine if the Council is legally liable for the costs to Miss X and the distress she experienced. Only the courts can do this. There is a procedure open to anyone to take such a case to court and it is reasonable to expect Miss X to take such action. We will not therefore investigate.

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Final decision

6. We will not investigate Miss X’s complaint because it is reasonable to expect her to take court action for the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman