Summary: We will not investigate Mrs B’s complaint that she suffered injuries due to the Council’s failure to maintain a pavement it is responsible for. This is because it is reasonable for Mrs B to pursue her compensation claim by taking the Council to court.

The complaint

1. Mrs B says she suffered significant injuries and needed an operation after tripping on a raised paving slab which the Council had failed to repair. Mrs B complains the Council has wrongly refused her compensation claim for the injuries she suffered. Mrs B would like the Council to pay her compensation claim and fix the pavement.

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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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B complains she tripped and suffered injuries because of the Council’s failure to maintain a pavement. So, in effect, Mrs B complains her injuries were the result of negligence by the Council.
7. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
8. Mrs B has received the Council’s decision in response to her claim. Mrs B may now pursue her claim by taking the Council to court.
9. 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.
10. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation and cannot order a party to pay damages.
11. Because of the seriousness of the injuries suffered by Mrs B, I find it is reasonable and proportionate for Mrs B to take the Council to court.
12. The fee for making a claim is relatively modest and Mrs B may ask for the fee to be reimbursed if her claim is successful. Help with fees is also available for people on a low income.
13. So, we will not investigate this complaint.

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Final decision

14. We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman