Bournemouth, Christchurch and Poole Council (26 017 926)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s consideration of Mr X’s housing needs. Mr X has an alternative legal remedy, to pursue a negligence claim through the courts, and it is reasonable for him to use it.
The complaint
- Mr X complains the Council did not properly consider his housing needs, which led to falls causing injury. Mr X also complains the Council’s insurers refused liability for his injury.
- Mr X says this caused distress.
- Mr X wants the Council to admit liability and compensate him.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
- Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage, or if it is liable to pay damages for a person’s loss or injury.
- I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr X’s position to seek a remedy in the courts. I consider it is reasonable to expect Mr X to use the court, so we will not investigate. Mr X has instructed a solicitor about the matter.
Final decision
- We will not investigate Mr X’s complaint because he has an alternative legal remedy which is reasonable for him to use.
Investigator's decision on behalf of the Ombudsman