Summary: We will not investigate Miss B’s complaint that she injured her foot after stepping on glass which the Council had failed to remove from the street. This is because it is reasonable for Miss B to put in a compensation claim to the Council, and if needed, take the Council to court.

The complaint

1. The complainant, who I will refer to as Miss B, complains that she had to go to hospital after stepping on a large piece of glass, which the Council had failed to remove from the street. Miss B would like the Council to take responsibility for this incident and reimburse the money she spent on replacing her damaged shoes.

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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)

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How I considered this complaint

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

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My assessment

6. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in personal injury claims. This is because such complaints are that an organisation has been negligent. This is for the Council’s insurers and ultimately for the courts to decide.
7. Miss B may put in a compensation claim to the Council’s insurers. If the Council’s insurers do not accept the Council has been negligent, or if Miss B is not satisfied with the outcome, she may pursue her claim by taking the Council to court.
8. Only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay. Also, unlike the Ombudsman, the court can order a party to pay damages.
9. I find it is reasonable for Miss B to use this process and if needed, take the Council to court. The fees for making a claim are relatively modest and Miss B may ask for the fee to be reimbursed if her claim is successful.
10. Also, because Miss B’s complaint is about a personal injury matter, the Council was not at fault for advising her to put in a claim on the Council’s insurance, rather than provide a response under the Council’s complaints procedure.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Miss B’s complaint because it is reasonable for her to put in a compensation claim, and if needed, take the Council to court.

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Investigator's decision on behalf of the Ombudsman