Summary: We will not investigate Miss X’s complaint about the Council’s alleged failure to maintain the pavement near her home. This is because it was reasonable for Miss X to take the matter to court.

The complaint

1. The complainant whom I shall refer to as Miss X, complained about the Council’s alleged failure to properly maintain the pavement near her home. Miss X says this caused her to fall and suffer injuries. Miss X is unhappy with how the Council handled her complaint and says she was prevented from pursuing the matter through legal channels. Miss X wants the Council to admit responsibility and pay 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 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

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

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My assessment

6. We will not start an investigation into Miss X’s complaint.
7. Miss X’s claim is that the Council 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.
8. The Council’s insurers have rejected Miss X’s claim for damages as noted in the solicitor’s letter she provided. It was therefore reasonable for Miss X to pursue the matter in court. The fact Miss X’s solicitors have declined to pursue the matter does not change this. Only the courts can decide if an organisation was negligent, and if so, make an order for damages; the Ombudsman cannot. We will not therefore investigate Miss X’s claim the Council has been negligent or any other related matter.

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Final decision

9. We will not investigate Miss X’s complaint because it was reasonable for her to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman