Summary: We will not investigate this personal injury complaint. This is because it is reasonable for Mrs B to take the Council to court.

The complaint

1. Mrs B complains she suffered injuries and was unable to work after tripping on a broken paving stone. Mrs B says the Council has wrongly refused her compensation claim and said another body is responsible.

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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. The role of the Ombudsman is to investigate complaints of administrative fault. We do not normally investigate personal injury complaints. This is because such complaints are ultimately about whether an organisation has been negligent. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. The Council’s insurers have considered Mrs B’s claim and have not accepted responsibility for the injuries she suffered. Mrs B may now pursue her claim by taking the Council to court.
8. Because of the seriousness of the matter, I find it is reasonable and proportionate for Mrs B to take the Council to court. Only a court can decide if the Council has been negligent and so should pay damages.
9. So, we will not investigate this complaint.

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Final decision

10. 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