St Helens Metropolitan Borough Council (22 012 484)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 06 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a personal injury claim because the courts are better placed to consider this complaint.
The complaint
- Miss Y complained the Council has not accepted responsibility after she tripped over a damaged paving slab and fractured her elbow.
- Miss Y has had to take time off work, leading to a loss of income.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y fell over a raised paving slab in October 2022 and broke her elbow. Miss Y says she complained to the Council shortly afterwards but was told by telephone in November that it would not accept her claim. She then approached us in December.
Analysis
- The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as a loss of income, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or insurers. We will not investigate this complaint.
Final decision
- We will not investigate Miss Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman