Summary: We will not investigate this complaint about a claim for damage and personal injury as ultimately this is a matter for the courts.

The complaint

1. Mrs X complains about delay by the Council in responding to her compensation claim for damage and personal injury.

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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 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)
4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. While I recognise Mrs X’s frustration from not having received a response to her compensation claim, we will not investigate this matter in isolation as the substantive injustice arises from the damage/injury which are matters we cannot adjudicate on. Only the courts can decide if the Council is legally liable and whether it should pay compensation to Mrs X. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court or Mrs X could use a conditional fee solicitor. It is reasonable therefore to expect Mrs X to seek a remedy through the courts and we will not therefore investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because the crux of it is a matter which is ultimately for the courts and it is reasonable to expect Mrs X to seek her remedy via this route.

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Investigator's decision on behalf of the Ombudsman