Summary: We will not investigate Miss X’s complaint. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Miss X, complains the Council has refused her claim for damages after she fell and was injured due to a damaged pavement slab.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X submitted a claim for damages to the Council after she fell due to a damaged pavement slab.
8. The Council has considered Miss X’s claim. It denies liability and has explained its defence against a negligence claim.
9. We will not investigate Miss X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. Only the courts can decide if an organisation has been negligent and, if so, whether it should pay damages and at what level. We cannot make such a ruling.
10. It is reasonable to expect Miss X to use her right to make her claim in the courts if she considers the Council is liable for her losses and wants to pursue the matter further. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

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Final decision

11. We will not investigate Miss X’s complaint because it is about a negligence claim which is a legal matter for the courts to consider and decide.

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Investigator's decision on behalf of the Ombudsman