Summary: We will not investigate Mrs B’s complaint that she suffered injuries after tripping on a pavement. This is because it is reasonable for Mrs B to pursue her compensation claim at court.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that she tripped over a hole in the pavement which the Council had failed to repair. Mrs B says she injured her arm, ankle and back and is still suffering from her injuries over a year later. Mrs B says her life has been significantly affected by this incident. Mrs B complains the Council has wrongly not accepted liability for the injuries she suffered. Mrs B would like the Council to pay her compensation and to maintain its roads and pavements.

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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 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)

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How I considered this complaint

4. I considered information provided by Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B’s complaint is that the Council has been negligent. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. The Council has a statutory defence if it can show it could not reasonably have been expected to put right any defects before the incident happened. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
7. I cannot decide whether the Council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts.
8. I do not consider there is any exceptional reason why Mrs B cannot do this. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs B’s complaint because it is reasonable for her to pursue her compensation claim at court.

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Investigator's decision on behalf of the Ombudsman