Summary: The Ombudsman will not investigate Mr B’s complaint about injuries he suffered when he fell over a low wall. The complaint is late and as the courts are better placed to decide whether the Council was negligent and has any liability to Mr B for his injuries, there are no good reasons for the Ombudsman to exercise his discretion and now investigate.

The complaint

1. The complainant, whom I shall call Mr B, says he suffered life-changing injuries when he fell over a low wall in December 2017. Mr B has explained he suffered injuries to his ribs, shoulders, wrists and face. He used to be active but has had to give up his allotment, struggles to wash, dress and cut food. Mr B wants the Council to install railings on the low wall and pay compensation for his injuries and the impact these have had on his life.

Back to top

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)

Back to top

How I considered this complaint

5. I have considered the information Mr B provided when he made his complaint to the Ombudsman. I sent a draft decision to Mr B and considered the comments he made in reply before I made my final decision.

Back to top

What I found

6. As Mr B’s accident happened in December 2017, the events he complains about were more than 12 months ago and Mr B’s complaint is therefore late.
7. There are no reasons to exercise discretion and now investigate this late complaint. This is because the courts are better placed to decide if the Council was responsible for and failed to properly maintain the wall where Mr B fell. Only the courts can decide if the Council was negligent and is liable to pay damages to Mr B for the injuries he suffered.

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because the complaint is late and there are no good reasons for the Ombudsman to exercise his discretion and now investigate.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman