Summary: The Ombudsman will not investigate Ms B’s complaint there was inadequate first aid provision at a public park. Whether the Council has any liability for the injury Ms B’s daughter suffered, or for what Ms B considers a failure to provide subsequent treatment are matters better considered by the courts.

The complaint

1. The complainant, whom I shall call Ms B, complains her daughter suffered a cut to her nose when using a slide in a public park. Ms B complains that when she asked for an ice pack and first aid assistance at the park café, she was provided with some tissue and left to deal with the situation. Ms B wants the Council to pay £500 for the distress she says her daughter suffered from not receiving any first aid assistance.

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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 have considered Ms B’s complaint and the Ombudsman’s role and powers. I sent a draft decision to Ms B and invited comments before I made my final decision.

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What I found

5. Ms B and her daughter (‘D’) were in a public park, run by the Council. D suffered a cut to her nose when using the slide and Ms B says she was directed to the café by another parent who told her to ask for an ice pack and first aid assistance.
6. Ms B says the staff member gave her some cheap blue tissue and left her to deal with the situation. The Council says the staff member provided something to clean the blood and, as D’s parent was there, did not dominate the situation.
7. While Ms B considers the first aid arrangements at the park that day were inadequate, the Ombudsman will not investigate this complaint. The Council has explained it has no legal requirement to provide first aid cover for members of the public using the park. Whether the use of a tissue rather than an ice pack affected D’s injury and whether the provision of assistance and help to D by Ms B rather than a qualified first aider caused D greater distress are not matters the Ombudsman can determine. If Ms B believes the Council is liable for the injury to her daughter and then failed to provide medical care as required, she can pursue a personal injury claim to try and obtain the £500 compensation she seeks.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because whether the Council has any liability for the injury Ms B’s daughter suffered, or for what Ms B considers a failure to provide subsequent treatment are matters better considered by the courts.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman