Summary: We will not investigate Mr C’s complaint that he suffered a serious injury after tripping over a fallen sign. This is because this complaint is late. And, it was reasonable for Mr C to put in a compensation claim, and if needed, take the Council to court.

The complaint

1. Mr C complains in 2022 he suffered a serious injury after tripping over a fallen road sign which the Council had left on the ground. Mr C says all medical and physiotherapy interventions since then have not helped and he has recently had to have an operation. Mr C says this injury has had a significant impact on his life. Mr C would like the Council to pay him compensation and to put in place measures to prevent such an incident happening in future.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint.
8. Mr C has not complained to us within 12 months of the incident he complains about.
9. I have not seen any information to indicate there are good reasons for Mr C’s delay making this complaint. So, the restriction to our powers set out at paragraph 3 of this statement applies to this complaint.
10. But, even if we accepted it was not reasonable for Mr C to have made this complaint before now, we would still not start an investigation.
11. This is because we do not normally investigate personal injury complaints. In effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. 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.
12. 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.
13. Mr C could have put in a claim to the Council’s insurers, and if needed, pursued his claim at court. Because of the seriousness of the issue complained about, I find it was reasonable for Mr C to do this.
14. So, we will not investigate this complaint.

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Final decision

15. We will not investigate Mr C’s complaint because it is late and it was reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman