Summary: We will not investigate Miss B’s complaint that she tripped and suffered injuries due to the Council’s failure to make a road safe during roadworks. This is because it is reasonable for Miss B to pursue her compensation claim by taking the Council to court.

The complaint

1. Miss B complains she tripped and suffered injuries because the Council left a road in poor condition during roadworks. Miss B says the Council has wrongly refused her claim for compensation.

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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 Miss 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 complaints. This is because such complaints are about whether an organisation has been negligent.
7. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. In addition, only a court can decide if an organisation should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
8. So, we would usually expect someone in Miss B’s position to pursue their claim by taking the Council to court. I find it is reasonable for Miss B to do this. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Miss 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