Summary: We will not exercise discretion to investigate this complaint about personal injuries suffered by Mrs X’s son after he fell on a public path. This is because it is reasonable to expect Mrs X to go to court to determine any liability owed by the Council.

The complaint

1. In summary, Mrs X complains that a defective public path caused her son to fall and suffer injuries to his leg, knee, back and arms.
2. She would like her son to be compensated for his injuries.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have considered all the complaint information sent in by Mrs X. This includes details on the Council’s insurers refusing Mrs X’s claim.
6. I also considered the Ombudsman’s Assessment Code.

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What I found

7. Mrs X made a personal injury claim to the Council’s insurers.
8. The Council’s insurers rejected her claim.

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Assessment

9. We will not exercise discretion to investigate because the matter of liability for personal injuries is usually between the Council’s insurers and the courts.
10. Mrs X has already made a claim which has been rejected. It is reasonable for her now to take the matter to court. The court can decide liability and if Mrs X’s son is entitled to damages.

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Final decision

11. I will not exercise discretion to investigate. This is because it is reasonable to expect Mrs X to go to court to decide the personal injury claim.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman