Summary: The Ombudsman will not investigate Mrs X’s complaint about compensation for a personal injury as he would expect Mrs X to seek a remedy through the courts.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council has not compensated her for injuries she sustained when she fell from her wheelchair after it hit an uneven dropped kerb.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Mrs X said in her complaint.

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What I found

4. Mrs X sustained injuries after she was thrown from her wheelchair after it hit an uneven dropped kerb. Mrs X complains the Council has failed to compensate her for this.

Analysis

5. Mrs X has the right to take legal action against the Council, for the redress she seeks, by making a money claim through the courts. As this right exists, the law says we should not investigate, unless we do not consider it is reasonable to expect Mrs X to resort to court action.
6. There is a simple, low cost procedure open to anyone to make a money claim through the courts. Or if Mrs X seeks a larger compensation amount, she could consider using a ‘no win no fee’ solicitor.
7. Ultimately, only the courts can decide if the Council is legally liable for Mrs X’s injuries and if compensation should be paid.
8. For these reasons, we consider it is reasonable to expect Mrs X to resort to court action and we will not therefore investigate.

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Final decision

9. We will not investigate as Mrs X can take court action for the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman