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

The complaint

1. The complainant, who I will refer to as Ms B, complains she suffered injuries and broke her expensive watch after tripping on a damaged pavement which the Council had failed to repair. Ms B complains the Council has wrongly refused her compensation claim. Ms B would like the Council to pay the compensation she has claimed and repair the damaged pavement.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council as a local highways authority has a statutory duty to maintain adopted streets. The Council is expected to routinely monitor the state of highways and carry out repairs where necessary. But, the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
7. Ms B’s complaint is that she fell due to the Council’s failure to maintain a pavement it is responsible for. In effect, Ms B complains the Council has been negligent.
8. 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. Only a court can decide if the Council has been negligent and should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
9. 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 Ms B’s position to seek a remedy in the courts.
10. I do not consider there is any exceptional reason why Ms B cannot do this. So, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Ms B’s complaint because it is reasonable for her to pursue her compensation claim by taking the Council to court.

Back to top

Investigator's decision on behalf of the Ombudsman