Summary: We will not investigate this complaint that council staff refused to give the complainant first aid, resulting in their injury being exacerbated. This is because any liability for the injury is a matter for the courts.

The complaint

1. The complainant, who I will call Mr X, complains that he was refused first aid when attending an event at a council building. Mr X says this exacerbated his injury and he had to take time off work.

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

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My assessment

6. Mr X complained that staff at an event refused to provide him with treatment to an injury, meaning the injury was made worse resulting in him missing work. The Council say that a first aid trained member of staff correctly inspected Mr X’s injury and correctly advised him to attend hospital.
7. I will not investigate this complaint. Mr X believes the actions of Council contributed to the seriousness of his injury. However, this is a matter he would need to pursue through the courts. Only the courts can decide if the Council have any liability to Mr X regarding his injury.

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Final decision

8. I will not investigate Mr X’s complaint. This is because the courts are better placed to consider the issues raised.

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Investigator's decision on behalf of the Ombudsman