London Borough of Lewisham (20 007 668)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 25 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss C’s complaint that she was injured because the Council did not repair an uneven pavement. This is because Miss C may take the Council to court and it is reasonable for her to do so.
The complaint
- The complainant, who I will refer to as Miss C, injured her ankle after tripping on an uneven pavement. Miss C complains her injury was caused by the Council’s failure to maintain the pavement, but the Council has not accepted responsibility. Miss C says the injury meant she could not drive or walk for several weeks. Miss C would like the Council to pay her compensation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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 Miss C’s complaint form and the supporting information she sent. This includes Miss C’s claim to the Council and the Council’s response. I have also sent a draft version of this statement to Miss C and invited her comments.
What I found
- I will not investigate this complaint. In effect, Miss C complains the Council has been negligent by failing to maintain a pavement it is responsible for. The Council says it was not negligent because it followed the legal requirement to inspect and maintain the highway to a reasonable standard.
- The Ombudsman cannot decide a negligence claim because negligence is a legal matter for the courts to consider and decide. Only a court can decide if the Council has been negligent and, if so, whether it should pay any compensation to Miss C.
- It is reasonable to expect Miss C to pursue her claim at court. The court can also enforce any payment it may recommend. The Ombudsman cannot do this.
Final decision
- Miss C may take the Council to court and it is reasonable for her to do this. So, I will not investigate this complaint.
Investigator's decision on behalf of the Ombudsman