Summary: We will not investigate this complaint about personal injury because of poorly maintained footpaths. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters are best dealt with by the courts.

The complaint

1. Miss X complains the Council’s failure to properly maintain the footpaths led to her falling off her mobility scooter and injuring herself. She wants the Council to allow an inspection to be carried out by someone who is disabled to identify issues and repairs to be done.

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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 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Ombudsman will not normally investigate complaints about injury to people arising from use of the roads or pavements. This is because the complaint centres on whether a council has been negligent by not keeping a road or footpath in good order.
4. Negligence claims are generally best decided by a court as only a court can decide whether a council is liable to pay damages for the loss sustained.

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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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Final decision

7. We will not investigate Miss X’s complaint because the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman