Summary: We will not investigate this complaint about the Council’s refusal to pay compensation for a fall sustained in the Council’s offices. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot determine liability for personal injury. Therefore, it is reasonable to expect the complainant to ask the courts to consider her claim.

The complaint

1. The complainant, I shall call Mrs B, is represented by her husband who I shall call Mr B.
2. Mr B says Mrs B tripped and fell when visiting the Council’s Office. She hit her head and broke a bone in her foot which led to further complications.
3. Mr B wants the Council to pay the compensation claim which its insurers have dismissed. And to correct the flooring where the accident happened.

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The Ombudsman’s role and powers

4. 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

5. I considered the information provided by Mr B and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr B’s complaint because the Ombudsman cannot determine negligence claims about damage to property or personal injury These are legal claims which may only be determined by insurers or the courts.
7. It is reasonable to expect Mr B to ask the court to decide if the Council is liable for her injuries and whether it should pay Mrs B compensation.

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Investigator's decision on behalf of the Ombudsman