London Borough of Islington (25 027 988)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 26 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr C’s complaint that he suffered injuries after tripping on an uneven footpath which the Council had failed to repair. This is because it is reasonable for Mr C to take the Council to court.
The complaint
- Mr C complains he tripped on an uneven footpath which the Council had failed to repair. Mr C says he suffered injuries to his knee, face and head, and spent two weeks in hospital. Mr C also says he was not allowed to drive for a period and now has to use a walking stick. Mr C would like the Council to pay him compensation and to repair all uneven footpaths in this location.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr C.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- 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.
- Mr C has received the Council’s decision on his compensation claim. We would normally expect someone in Mr C’s position to now pursue their claim at court. Because of the seriousness of the issue complained about, I find it is reasonable for Mr C to do this. Mr C may also seek legal advice about taking the Council to court.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr C’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman