Exeter City Council (19 010 968)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 24 Feb 2020
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s failure to accept liability for an injury which he suffered in a Council car park. The Ombudsman should not investigate this complaint. This is because it concerns a negligence claim which has been considered and rejected by the Council and its insurers. It would be reasonable for Mr X to seek a remedy in the courts.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council refusing to accept liability for a head injury he suffered in one of its car parks. He says the signs about the low overhead projection were insufficient and the Council should take action and compensate him for the injury he suffered.
The Ombudsman’s role and powers
- 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 have considered all the information which Mr X submitted with his complaint.
What I found
- Mr X suffered a head injury when he got out of his car in a Council indoor car park. He says the signs warning of low projection were poorly paced and he did not see then until after the incident. He submitted a claim to the Council who sent it to their insurers.
- The Council’s insurers denied liability for the incident and stated that there was adequate warning. The Council offered Mr X a day’s free parking as a goodwill gesture, but he wants it to compensate him and improve warnings.
- The Ombudsman cannot determine legal claims about negligence causing personal injury or damage to property. These are legal torts and can only be decided by insurers or the courts. It would be reasonable for Mr X to seek a remedy in the small claims court
Final decision
- The Ombudsman should not investigate this complaint. This is because it concerns a negligence claim which has been considered and rejected by the Council and its insurers. It would be reasonable for Mr X to seek a remedy in the courts.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman