Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his compensation claim after he was injured whilst cycling. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains he suffered serious injuries when the bicycle he was riding hit a road defect which the Council had failed to repair. Mr B says the Council has wrongly refused his compensation claim. Mr B says the Council does not have highways policies in place to protect vulnerable road users and has wrongly claimed a defect which caused permanent injury is not dangerous.

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

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My assessment

6. Our role is to consider complaints of administrative fault. We do not normally investigate personal injury or property damage complaints. This is because in effect such complaints are that an organisation has been negligent. This is for the courts to decide.
7. The Council as a local highways authority has a statutory duty to maintain adopted streets. The Council is expected to routinely monitor the state of highways and carry out repairs where necessary. But, the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
8. The Council has considered Mr B’s claim for compensation but did not accept the Council is liable for the injuries he suffered. Mr B may pursue his claim by taking the Council to court.
9. Only the court can decide if the Council has been negligent and whether the Council has met its statutory duty to maintain the highway.
10. Also, unlike the courts, we have no powers to enforce an award of damages.
11. So, I would usually expect someone in Mr B’s position to pursue their compensation claim by taking the Council to court. Because of the seriousness of the injuries Mr B suffered I find it is reasonable for him to do this.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman