Summary: We will not investigate this complaint about the Council’s decision not to obtain an independent survey of paving slabs. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council did not carry out an independent investigation of the paving on which his son, Mr Y, slipped and was injured. He wants the Council to arrange such a survey and fix any problems the survey identifies.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X requested the Council carry out an independent survey to address any issues in the paving where he reports his son, Mr Y, slipped and fell when the paving was wet.
7. The Council said it has inspected the area several times, finding no evidence of significant ponding or slippery slabs. The Council advised it would continue to monitor the area and address any issues appropriately.
8. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
9. Here, the Council reached its decision after considering Mr X’s communications and visiting the site. There is no fault in the Council relying on the inspections and judgements of its own officers rather than commissioning an independent survey. Therefore, the evidence suggests Council reached its decision properly, so we cannot criticise the decision even if people disagree with the decision.
10. Questions of the extent of the Council’s responsibility for maintaining the land in question are more properly for the courts than for us.

Back to top

Final decision

11. We will not investigate Mr P’s complaint because there is not enough evidence of fault in the way the Council reached its decision.

Back to top

Investigator's decision on behalf of the Ombudsman