Summary: We will not investigate this complaint about Mr X’s suffering injuries after falling on an icy pavement. This is because it is reasonable to expect Mr X to take his personal injury claim to court.

The complaint

1. Mr X says he slipped on an icy, poorly maintained pavement. He says this caused a serious leg injury and he was left unable to work for a few months.
2. Mr X seeks compensation for loss of earnings amounting to £11,640.

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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)

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How I considered this complaint

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

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My assessment

7. The Council has responded to Mr X’s compensation claim and denied liability. The Council says it is not responsible for the pavement where the accident
8. We will not investigate. This is because the courts are best placed to consider personal injury claims. Only a court can make a legally binding decision on any Council liability and award damages. The Ombudsman has no powers to compel Councils to pay damages.

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Final decision

9. We will not investigate Mr X’s complaint because he can go to court.

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Investigator's decision on behalf of the Ombudsman