Summary: We will not investigate Miss X’s complaint that she suffered personal injury because she said the Council failed to grit a public path. This is because Miss X could submit a claim against the Council’s insurers and, if the claim is rejected, ultimately take the matter to court.

The complaint

1. Miss X complained the Council failed to grit a public highway. Miss X said she sustained an injury as a result of the ungritted path. Miss X also complained about the Council’s complaint handling.
2. Miss X said the matter caused her distress and frustration.

Back to top

The Ombudsman’s role and powers

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)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We will not investigate Miss X’s complaints. Miss X said the Council’s failure to grit the public highway resulted in personal injury. Miss X’s complaint is therefore that the Council was negligent.
9. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about personal injury, only the courts can do this. Miss X could submit a claim to the Council’s insurers. If the claim is rejected, Miss X could take the matter to court, and it is reasonable to expect Miss X to do so because the Ombudsman cannot determine liability. Therefore, we will not investigate this complaint.
10. Miss X also complained about the Council’s complaints process. We will not investigate this matter because it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because she could submit a claim against the Council’s insurers and, if the claim is rejected, ultimately take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman