Summary: The Ombudsman will not investigate this complaint about an accident the complainant sustained when she tripped on a paving stone. This is because complaints about liability for accidents need to be determined by the courts.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council is liable after she fell on an uneven paving stone and broke her wrist and ankle.

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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)
4. The courts consider claims for compensation and decide issues of liability for personal injury claims.

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How I considered this complaint

5. I read the complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

6. Mrs X tripped over an uneven paving stone on 2 April and broke her wrist and ankle. She was off work for nearly three months. Mrs X asked the Council for compensation.
7. The Council investigated the claim. It established the paving stone is raised by about 15mm. The Council decided it is not liable for the accident. The Council explained the street was inspected on 13 February and two defects were found. But, no defects were found at the place where Mrs X fell and the paving stone Mrs X tripped over had not been reported to the Council. The Council also explained that it only takes action if a paving slab is uneven by at least 20mm. The Council denied liability on the grounds that it regularly inspects the street, no defects had been found, and the paving stone had not been reported to the Council.

Assessment

8. I will not start an investigation because this is a matter for the courts. The Ombudsman does not act as an appeal body and does not determine claims for damages or make decisions about liability and negligence. It would be for the courts to decide if the Council has been negligent and whether it should compensate Mrs X for the accident. Only the courts have the necessary expertise to determine liability and, if appropriate, decide how much a council should pay in damages.

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Final decision

9. I will not start an investigation because personal injury claims, and complaints about liability, need to be determined in court.

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Investigator's decision on behalf of the Ombudsman