Summary: We will not investigate Mrs C’s complaint that she suffered injuries due to the Council’s failure to safely maintain the highway. This is because it is reasonable for Mrs C to put in a compensation claim, and if needed, pursue the claim at court.

The complaint

1. Mrs C complains she fell and suffered injuries due to the Council’s failure to safely maintain the public highway. Mrs C says the Council has wrongly refused to accept any responsibility for the incident. Mrs C would like the Council to pay her 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 Mrs C.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not normally investigate personal injury complaints. This is because such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. We take the view negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
7. Mrs C may put in a compensation claim to the Council’s insurers. If she is not satisfied with the outcome, she may pursue the matter at court. I find it is reasonable for Mrs C to do this if needed. Unlike the courts, we cannot decide if an organisation has been negligent and cannot order a party to pay damages.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs C’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