Summary: We will not investigate this complaint about an accident for which Mrs X is claiming compensation for personal injury. This is because it would be reasonable for Mrs X to take the matter to court.

The complaint

1. Mrs X complains about the Council’s handling of her personal injury claim and her related complaint. She complains the Council failed to respond to her claim within a reasonable timeframe and failed to respond to her letter before action. Further, Mrs X complains the Council failed to disclose basic information, such as inspection and maintenance records.
2. Mrs X says the Council’s poorly maintained road and pavements, plus inadequate street lighting, caused the accident. She says she was admitted to hospital, received medical treatment, and experienced a prolonged absence from work because of the accident.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. In December 2025, Mrs X had an accident while using a road and was injured. She made a claim for compensation with the Council’s insurers.
9. We do not normally investigate complaints about personal injury caused by any failure to maintain the public highway or inadequate street lighting. 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.
10. So, I will not investigate this complaint. Mrs X contacted the Council’s insurers to make a compensation claim. We cannot intervene in that process.
11. Mrs X may start legal action if there is any continuing dispute about liability and a claim for damages. It is reasonable to expect Mrs X to do this if her claim is rejected because the courts are the appropriate body to decide if the Council was responsible for the accident and, if so, what level of compensation should be made. These are judgements that only the courts can make.
12. Also, as part of the claims process, Mrs X can apply to the courts to require the Council to disclose certain evidence. It is reasonable to expect Mrs X to take such court action.
13. It is not a proportionate use of our limited resources to investigate the Council’s claims and complaint handling alone when we are not considering the core issues. Any separable injustice is not significant enough to justify our involvement. So, we will not investigate this as a standalone issue.

Back to top

Final decision

14. We will not investigate this complaint about an accident for which Mrs X is claiming compensation for personal injury. This is because it would be reasonable for Mrs X to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman