Walsall Metropolitan Borough Council (19 005 972)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 12 Sep 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint that the Council is responsible for a fall the complainant had. This is because this is a matter that needs to be determined in court.
The complaint
- The complainant, whom I refer to as Mr X, says he fell because the Council failed to sweep up bird droppings from a path.
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)
- The courts decide if a council is liable for a personal injury or for damage to belongings.
How I considered this complaint
- I read the complaint and the responses from the Council’s insurance team. I invited Mr X to comment on a draft of this decision.
What I found
- Mr X fell and injured himself. His clothes got dirty and he had to throw some jeans away. Mr X complained to the Council and said he had slipped on bird droppings. Mr X asked the Council if it was liable.
- In response the Council explained that the road was swept on the day of the incident before Mr X fell. It said that bird droppings are a natural event which tend to reappear after cleaning. It denied liability and declined to pay compensation.
- Mr X is dissatisfied with the Council’s response.
Assessment
- I will not start an investigation because the Ombudsman cannot decide matters of liability or negligence. This is because that is a matter for the courts. Only the courts can decide if the Council has been negligent and whether it is responsible for Mr X’s accident and injury. In addition, only the courts can assess the degree of any negligence that occurred and how that relates to a claim for damages.
Final decision
- I will not start an investigation because claims of negligence and liability need to be determined in court.
Investigator's decision on behalf of the Ombudsman