Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s failure to accept liability for an injury she sustained walking on its land. This is because the complaint concerns a claim for personal injury caused by negligence. It is reasonable for Mrs X to seek a remedy in the courts.

The complaint

1. Mrs X complains about the Council denying liability for an injury she suffered while walking on its land.
2. Mrs X says she should be compensated for the injury and the scarring it has left, her inconvenience, and damage to her shoes. She also wants the Council to make sure the steps and path are safe, or to put up warning signs.

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The Ombudsman’s role and powers

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)
4. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. As part of my assessment I have:
• considered the complaint and the documents provided by Mrs X;
• issued a draft decision, inviting Mrs X to reply.

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What I found

6. Mrs X says she injured her shin when walking in wet weather on a stepped path owned by the Council. Mrs X made an insurance claim for her injury and other losses connected to the incident, but the Council’s insurers have denied liability.
7. Mrs X’s complaint is a claim that the Council has been negligent in its maintenance of the steps and path, and that this led to her injury. Negligence is a legal matter and can only be determined the courts. The Ombudsman cannot decide liability for personal injury or property damage resulting from negligence claims.
8. Mrs X has the right to take legal action against the Council. As this right exists, the law says we should not investigate unless we do not consider it is reasonable to expect Mrs X to resort to court action.
9. The court procedure is open to anyone to make their own legal claim. Alternatively, Mrs X might consider engaging a ‘no win, no fee’ solicitor, or other legal representative, to assist with her claim.
10. Only the courts can decide if the Council is legally liable for Mrs X’s injuries and if she is due compensation. So the court is the appropriate body to make a decision on Mrs X’s claims, and it is reasonable for her to pursue her remedies using that route.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because Mrs X’s complaint is one of negligence by the Council and a personal injury claim. It is reasonable for Mrs X to seek the remedies she wants in court.

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Investigator's decision on behalf of the Ombudsman