Summary: The Ombudsman will not investigate Mr G’s complaint about the Council’s refusal to accept liability for the personal injuries he sustained from a fall on an uneven road surface. This is because it is reasonable to expect Mr G to pursue his claim for compensation through the courts.

The complaint

1. Mr G says the Council has refused to accept liability for the personal injuries he sustained from a fall on an uneven road surface.

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. 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

4. I have considered what Mr G said in his complaint. I have also considered Mr G’s comments in his reply to the draft of this decision.

Back to top

What I found

5. Mr G says he reported and made a claim to the Council about the personal injuries he sustained when he fell on an uneven road and the Council referred him to its insurers. Mr G says the Council conducted an inspection and the report showed the defected road was not dangerous. He says the Council admitted there is fault with the road surface but it did not accept liability for Mr G’s fall and injuries.
6. Mr G remains dissatisfied with the Council’s response and wants the Council to apologise to him, accept responsibility for the accident and compensate him for the serious injuries he sustained.
7. Mr G has a right to take legal action against the Council for the redress he seeks. As with most claims for loss, damage, and personal injury, only the courts can decide if the Council is legally liable for Mr G’s injuries and if compensation should be paid.
8. The law sets out what the court must consider in claims arising from disrepair of a highway and says the highways authority has the right to put forward a defence in court. The Ombudsman cannot remove that right and investigate something the court should consider. Therefore, the Ombudsman cannot achieve what Mr G seeks. (Highways Act 1980, section 58).

Back to top

Final decision

9. The Ombudsman will not investigate this complaint because it is reasonable to expect Mr G to pursue his claim for compensation through the courts.

Back to top

Investigator's decision on behalf of the Ombudsman