Summary: We will not investigate Mrs X’s personal injury claim as it does not meet the tests set out in our Assessment Code. This is because it is reasonable to expect Mrs X to go to court to determine the Council’s liability.

The complaint

1. In summary, Mrs X seeks compensation for a fall she suffered on Council provided passenger transport sent for a family member. Mrs X says she has suffered soft tissue injury and is unable to walk.

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The Ombudsman’s role and powers

2. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate because personal injury claims are best decided in the courts. I see no good reason why Mrs X should not be expected to do this. The courts are best placed to determine liability and if Mrs X is entitled to compensation.

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Final decision

6. I will not investigate. It is reasonable to expect Mrs X to go to court to decide the Council’s liability for her personal injury claim.

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Investigator's decision on behalf of the Ombudsman