Torbay Council (26 012 313)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 03 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim for personal injury. Mrs X has an alternative legal remedy, to pursue a claim of negligence through the courts. Only the courts can decide whether the Council was negligent. It is therefore reasonable to expect Mrs X to use her legal remedy.
The complaint
- Mrs X complained about the Council’s handling of her personal injury claim against it.
- Mrs X said this caused distress.
- Mrs X wants the Council to properly consider her personal injury claim.
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 Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X said she was injured from a fall on a Council-maintained footpath. Mrs X submitted a personal injury claim to the Council. The Council denied liability for her injuries.
- We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
- Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept liability. Only a court can decide whether the problem should have been dealt with by the Council before it caused damage to a person’s property, or if it is liable to pay damages for a person’s injury.
- We will not investigate Mrs X’s complaint. The Council’s handling of Mrs X’s personal injury claim is inseparable from the liability dispute. We cannot determine liability. Only a court can.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to take the matter to court.
Investigator's decision on behalf of the Ombudsman