Summary: We will not investigate Ms B’s complaint that she broke her ankle after tripping on a faulty pavement which the Authority had failed to repair. This is because it is reasonable for Ms B to pursue her compensation claim by taking the Authority to court.

The complaint

1. Ms B complains she broke her ankle after tripping on a faulty pavement which the Authority had failed to repair. Ms B says this injury has resulted in her becoming isolated, and moving around her flat is difficult. Mrs B also says it has resulted in a change to her work role and this has affected her mental state. Ms B says she has incurred travel expenses because she no longer feels safe on the pavement where the incident happened.
2. Ms B says the Authority wrongly refused her compensation claim and did not give proper consideration to her individual circumstances and the impact of this injury.
3. Ms B would like the Authority to reimburse the extra costs of £4,000 she has had to pay because of this injury. Ms B would also like the Authority to repair all the damaged paving stones where the incident happened.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Ms B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We do not normally investigate personal injury complaints. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault.
9. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. We would normally expect a person who is seeking compensation for an injury they have suffered to put in a claim to the organisation’s insurers, and if needed, pursue their claim at court.
10. Ms B has now received the Authority’s decision on her compensation claim. Ms B may now pursue her claim by taking the Authority to court.
11. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. Also, unlike the courts, we have no powers to enforce an award of damages.
12. Because of the seriousness of the issue complained about, I find it is reasonable for Ms B to take the Authority to court. The initial fee for making a claim is relatively modest and Ms B may seek legal advice about pursuing her claim.
13. So, we will not investigate this complaint.

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Final decision

14. We will not investigate Ms B’s complaint because it is reasonable for her to pursue her claim by taking the Authority to court.

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Investigator's decision on behalf of the Ombudsman