Birmingham City Council (25 030 567)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 31 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council has failed to properly maintain a public highway in its area, causing Mr X to fall and suffer injuries. This is because it is reasonable for Mr X to take the matter to court.
The complaint
- The complainant, Mr X, complains the Council failed to maintain a public highway in its area causing him to fall and suffer injuries. Mr X wants the Council to pay compensation.
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 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate personal injury complaints. This is because such complaints are a claim 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.
- Mr X has now received the Council’s decision on his compensation claim. Mr X may now pursue his claim by taking the Council to court.
- It is reasonable for Mr X to take the Council to court. The initial fee for making a claim is relatively modest and the courts can given Mr X the outcome he wants. The Ombudsman cannot and so we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman