Summary: We will not investigate this complaint about the Council’s liability for an injury suffered by Mr X’s dog. This is because it is reasonable for Mr X to take his claim to court.

The complaint

1. In summary, Mr X complains about an injury to his dog caused by barbed wire on Council land. And the Council’s delays in dealing with his complaint.
2. He says the Council is liable for vet’s fees that came to over £1000 and he also had to take a day’s unpaid leave. He would like the Council to contribute to his vet’s bill and ensure it patrols its land regularly to remove hazards.

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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)

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How I considered this complaint

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

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My assessment

5. I will not investigate because the matter of liability for money claims is usually decided in the courts. It is reasonable for Mr X to make his claim to the Council’s insurers and if refused he can take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs incurred. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
6. Further the Council has apologised and explained the reasons for delaying with his complaint. We will not investigate this issue if the underlying issue is a matter for the court as we are unlikely to achieve anything worthwhile.

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Final decision

7. I will not investigate as it is reasonable for Mr X to ultimately go to court if the Council’s insurers turn down his claim.

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Investigator's decision on behalf of the Ombudsman