Summary: We will not investigate Mr X’s complaint about damage caused to his bike and the Council’s decision to refuse his claim for damages. 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 Mr X, complains his bike was damaged when he rode over a large crack on a cycle path. The damage cost £55 to repair.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X submitted a claim for damages to the Council after his bike was damaged when he rode over a defect on a cycle path. The damage cost £55 to repair.
8. The Council considered the claim. It denied liability and explained its reasons.
9. Mr X also complains about the Council’s handling of his claim.

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Final decision

10. We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to decide. The Ombudsman cannot decide a negligence claim. Only a court can decide if the Council has been negligent in failing to keep the cycle path in a good condition and, if so, whether it should award the damages Mr X seeks. Mr X considers the Council to be liable for the damage caused and it is reasonable to expect him to use his right to make a claim in the courts.
11. Mr X also complains about the Council’s handling of his claim. However, we will not consider complaint handling issues where we are not considering the substantive complaint. This is because it is not good use of limited public resources to do so.

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Investigator's decision on behalf of the Ombudsman