Summary: We will not investigate Mrs B’s complaint that she and her dog came to harm due to the Council’s failure to maintain a green space. This is because it is reasonable for Mrs B to pursue this matter at court.

The complaint

1. Mrs B complains she hurt her ankle and her dog had to have grass seeds removed from his ears because of the Council’s failure to cut grass at a Council-owned green space. Mrs B says the Council wrongly refused her request to reimburse her vet costs, which were over £200. Mrs B would like the Council to apologise, reimburse her costs and regularly maintain this site.

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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 Act 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 information provided by Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B’s complaint is that she and her dog have come to harm because of the Council’s failure to maintain a green space which it is responsible for. So, in effect Mrs B’s complaint is that the Council has been negligent.
7. The role of the Ombudsman is to consider complaints of administrative fault. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
8. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
9. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
10. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts. I do not consider there is any exceptional reason why Mrs B cannot do this.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs B’s complaint because it is reasonable for her to pursue this matter at court.

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Investigator's decision on behalf of the Ombudsman