Summary: We will not investigate this complaint about an accident for which Mr X is claiming compensation for personal injury. This is because it is reasonable for Mr X to put in a compensation claim, and if needed, take the Council to court.

The complaint

1. Mr X complains he suffered a fall on a public footpath that was poorly maintained by the Council. He complains the footpath was a mixture of good slabs and broken ones. Mr X complains the Council failed to admit liability. He says the accident has impacted him financially and caused a deterioration in his mental health over the last few years. Mr X wants the Council to pay him compensation of at least £30,000.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

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

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My assessment

7. Mr X complains the Council should compensate him after he was injured following an accident while using an uneven footpath.
8. We do not normally investigate complaints about personal injury. This is because, in effect, 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. Only the courts can decide if the Council has been negligent and enforce an award of damages.
9. So, I would usually expect someone in Mr X’s position to put in a compensation claim to the Council’s insurers, and if needed, pursue the claim at court. I find it is reasonable and proportionate for Mr X to do this.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate this complaint about an accident for which Mr X is claiming compensation for personal injury. This is because it is reasonable for Mr X to put in a compensation claim, and if needed, take the Council to court.

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Investigator's decision on behalf of the Ombudsman