Summary: We will not investigate Miss X’s complaint about being injured following a fall on a pavement. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, whom I shall call Miss X, complains she was injured after tripping and falling on a pavement. She seeks damages from the Council for her injury, loss of earnings and related losses.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant via her representative.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X was injured in November 2020 when she tripped and fell on a pavement. She suffered a broken radius and strained wrist and was off work for three months.
8. Miss X seeks damages from the Council for her injuries and losses incurred as a result of her fall. The Council does not consider it is liable.

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Final decision

9. We will not investigate Miss X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. The Ombudsman cannot decide a negligence claim. Only the courts can decide if Miss X’s injury and losses are caused by negligence by the Council and, if so, whether it should award any damages Miss X seeks. It is reasonable to expect Miss X to use her right to make such a claim in the courts.
10. The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of a person first becoming aware of the matter. However, due to the restriction set out in the paragraph above, it is unlikely we would have investigated this complaint even if it had been made on time.

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Investigator's decision on behalf of the Ombudsman