London Borough of Brent (19 005 573)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 23 Aug 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate whether injuries and losses suffered by the complainant were caused by the Council’s negligence. This is a matter for the courts to decide.
The complaint
- The complainant, who I refer to here as Mr B, has complained he was injured and suffered losses after he tripped on a pavement maintained by the Council.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)
- We provide a free service but must use public money carefully. It is not a good use of our resources to investigate matters not entirely separate from something we will not investigate. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint. Mr B commented on a draft before I made this decision.
What I found
- Mr B says he tripped over a raised paving stone and suffered injuries and damage to his clothing. He also says he has lost earnings as a result of the injuries.
- Mr B has submitted a claim to the Council but it has denied liability. He is unhappy with how the Council has dealt with the claim.
- Mr B’s complaint is in effect that the Council has been negligent. Adjudication on questions of negligence usually involves making decisions on contested questions of fact and law which need the more rigorous and structured procedures of civil litigation for their proper determination. In addition, only a court can decide if a council has been negligent and what damages must be paid.
- We cannot decide whether a council has been negligent and have no powers to enforce an award of damages. For this reason, we would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurers.
Final decision
- I have decided we will not investigate this complaint. This is because it is reasonable for Mr B to seek a remedy in court. We will not look at related issues such as how the Council has dealt with Mr B’s claim because we will not investigate the central issue.
Investigator's decision on behalf of the Ombudsman