Summary: We will not investigate this complaint about what happened when the complainant hit an unsecured traffic monitoring cable on the public highway. This is because it is reasonable for the complainant to take his claim for financial loss and personal injury to the courts.

The complaint

1. In summary, Mr X says a cable caused his bicycle to skid and he crashed headfirst into the kerb. This caused an injury to his finger being cut to the bone, loss of earnings and nervousness about cycling.
2. He has a number of outcomes sought including settlement of his insurance claim.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

4. I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not exercise discretion to investigate because the matter of liability for damages and personal injury is usually decided in the courts.
6. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs incurred. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.

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Final decision

7. I will not exercise discretion to investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his loss and injury.

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Investigator's decision on behalf of the Ombudsman