Summary: The Ombudsman will not investigate Miss X’s complaint about an injury to her daughter from broken glass on the public highway. This is because the Ombudsman cannot decide liability in such matters, and it is reasonable for Miss X to take the matter to court.

The complaint

1. Miss X complains her daughter suffered an injury from broken glass on the public highway. The glass was from a phone box. Miss X says the Council and British Telecom have both denied liability.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (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 Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Miss X says broken glass on the public highway injured her daughter’s foot. Miss X says the glass had been there for six weeks. She says the Council and British Telecom have both denied liability.
6. The role of the Ombudsman is to look for administrative fault. The Ombudsman cannot interpret the law to decide liability in cases involving personal injury. Such matters are for insurers, and ultimately, the courts.
7. If the Council’s insurers reject a formal claim from Miss X, then it is open to her to make a claim in court. Based on the information available, I consider it would be reasonable for Miss X to do so. The court can then decide if the Council is liable for the injury to Miss X’s daughter, and what damages, if any, it should pay. These are not decisions the Ombudsman can take, and so an investigation is not appropriate.

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Final decision

8. The Ombudsman will not investigate Miss X’s complaint. This is because the Ombudsman cannot decide liability in such matters, and it is reasonable for Miss X to take the matter to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman