Summary: We will not investigate Mr C’s complaint that he suffered injuries due to the Council’s failure to maintain a footpath. This is because it is reasonable for Mr C to take the Council to court.

The complaint

1. Mr C complains he suffered injuries after tripping on a pothole in a footpath which the Council had failed to repair. Mr C would like the Council to repair this pothole and pay him 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 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)

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How I considered this complaint

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

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My assessment

6. 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.
7. Mr C may put in a claim to the Council’s insurers, and if needed, pursue this claim at court. Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
8. I find it is reasonable for Mr C to do this and the initial fee for making a claim is relatively modest. Mr C may also seek legal advice about taking the Council to court if needed.
9. So, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman