Summary: We will not investigate Mrs X’s complaint, made on her behalf by Mr Y, about a fall she had on the Council’s pavement. The matter is a claim of negligence and liability for Mrs X’s personal injury. These are legal claims for the Council’s insurers and ultimately for a court to determine. It is not unreasonable for Mrs X to take her claims to court to pursue the findings and compensation she seeks if the Council’s insurers have rejected her claim.

The complaint

1. Mr Y is Mrs X’s son and complains on her behalf that the Council:
1. negligently failed to sweep fallen wet leaves from the pavement, causing Mrs X to fall;
2. has not accepted responsibility for Mrs X’s injuries from the fall.
2. Mr Y says Mrs X’s fall injured her nose, lips and knee, causing pain and bruising. Mr Y wants the Council to make sure it sweeps its pavements in future. He wants the Council to pay Mrs X financial compensation for this incident, and if they do not sweep the pavements, for any future falls she has due to leaves.

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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 considered information provided by Mr Y and the Ombudsman’s Assessment Code.

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My assessment

6. At the core of Mrs X’s complaint is a claim of negligence by the Council in the cleaning of its pavement, and a claim that it is legally liable for the personal injuries she sustained when she fell on that pavement. We cannot decide claims of negligence and liability for personal injury. These are legal matters only insurers or the courts can decide.
7. Mr X has sent a claim to the Council’s insurers on behalf of Mrs Y on this issue and it appears they have rejected it. If that is the case, this means these legal matters may only now be determined by a court. It is not unreasonable for Mrs X to pursue her legal claims at court because it is the body which can decide them. It is also not unreasonable for Mrs X to take her case to court because she is seeking compensation from the Council for her injuries. We may only make recommendations to councils, and do not provide compensation payments, but the courts can make binding rulings and reward compensation.

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Final decision

8. We will not investigate Mrs X’s complaint because:
• the matter is a claim of negligence and legal liability against the Council which only a court may determine; and
• it is not unreasonable for Mrs X to take her claims to court because it is the only body which can make the legal findings and award the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman