Summary: We will not investigate this complaint about the ownership of land on which Mr X tripped and injured himself. This is because the complaint falls outside our jurisdiction as Mr X has appeal rights to the courts if he believes the Council is liable for his injury and the footway on which he fell.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council’s records are inaccurate and that it is responsible for land on which he tripped and injured himself. He says the Council should engage further with him to explain its position on the land and make good the fault on the footway.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X submitted a personal injury claim to the Council as he considers it is liable for the land and therefore his injury.
7. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He can make a personal injury claim against the Council which, if refused by its insurers, he can pursue through the courts. It will be for the courts and not the Ombudsman to determine whether the Council is liable.

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Final decision

8. We will not investigate Mr X’s complaint because it falls outside our jurisdiction as he has appeal rights to the courts if he believes the Council is liable for his injury and the footway on which he fell.

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Investigator's decision on behalf of the Ombudsman