Essex County Council (20 004 137)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 14 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate whether injuries 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 Mrs B, believes the Council is responsible for injuries she suffered when she tripped on the pavement. She asked the Council to pay her compensation but it has denied liability.
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)
How I considered this complaint
- I have considered what Mrs B said in her complaint.
What I found
- Mrs B suffered injuries after she tripped on a broken paving slab. She believes the Council was aware of the defect and is responsible for her injuries because if failed to carry out a repair.
- The Council says it inspected the pavement after Mrs B complained but has denied any liability for her injuries.
- Mrs B’s complaint is in effect 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 Mrs B’s position to seek a remedy in the courts, directly or through her insurers.
Final decision
- I have decided we will not investigate this complaint because it is reasonable for Mrs B to seek a remedy in court.
Investigator's decision on behalf of the Ombudsman