Summary: The Ombudsman will not investigate Ms A’s complaint that the Council’s failure to maintain the highway caused her to suffer injury. This is because she may take the matter to court and it would be reasonable for her to do so.

The complaint

1. The complainant, who I will refer to as Ms A, complains that the Council’s failure to maintain the highway caused her to suffer injury.

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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 Ms A has said in support of her complaint.

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What I found

4. Ms A says she suffered injury when she tripped and fell while crossing the road. She argues that her fall was caused by the Council’s failure to maintain the highway. She has made a personal injury claim against the Council and complains that it has not accepted liability.
5. Ms A wants the Council to compensate her for the material losses she has suffered. She argues that it should increase the frequency of its highway inspections.
6. The Ombudsman will not investigate Ms A’s complaint. Whether or not the Council is liable for Ms A’s fall turns on whether it was negligent in failing to maintain the highway. Negligence is a matter for the courts, not the Ombudsman, and the Council is entitled to defend itself in court.
7. If Ms A wants to establish that the Council was negligent and is therefore liable for her injury, her recourse it to take the matter to court. It would be reasonable for her to do so and the Ombudsman will not intervene.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Ms A to take the matter to court.

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Investigator's decision on behalf of the Ombudsman