Summary: We will not investigate Mr X’s complaint about an injury he suffered which he claims was due to the Council’s negligence. This is because it is reasonable for Mr X to use the legal remedy available to him.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains about an injury he suffered which he says was due to the Council’s negligence. Mr X suffered a broken femur during a fall he says was due to the Council leaving wheelie bins in an unsafe position.

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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. 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

4. 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.

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What I found

5. Mr X suffered a fall while walking on the public highway. Mr X says he caught his leg on wheelie bin which had been left on the pavement. Mr X suffered a broken femur and had to undergo an operation. Mr X wants the Council to pay compensation.
6. The Council has responded to Mr X’s complaint. It said its refuse collectors are expected to return bins to the point they are collected from. It has said it will monitor the situation, but it could not say with certainty how the bins ended up in the position which Mr X said led to his fall.
7. Our role is to look for administrative fault. Mr X’s complaint is effectively a claim for damages from the Council due to its alleged negligence. We cannot decide liability in cases involving negligence and personal injuries. Such matters are for the Council’s insurers and the courts.
8. If the Council refuses a formal claim from Mr X it is open to him to make a claim in court. The court can decide if the Council is liable for the injury and if so, what compensation, if any, it should pay Mr X. These are not decisions the Ombudsman can take. I see no reason Mr X should not use the legal remedy available to him and he may wish to consider taking legal advice.

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Final decision

9. We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.

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Investigator's decision on behalf of the Ombudsman