Summary: The Ombudsman will not investigate Mr X’s complaint about a claim for personal injury. This is because it is reasonable for him to seek compensation through the courts.

The complaint

1. Mr X complains he was stung by nettles outside his home which he says the Council should have removed. Mr X says he was in pain for two weeks and is now scarred. The Council has refused Mr X’s claim for compensation.

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The Ombudsman’s role and powers

2. 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

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.

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What I found

4. The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in personal injury claims. These are for insurers, and, ultimately, the courts.
5. Now the Council has rejected Mr X’s claim, it is open to him to make a claim in court. I consider it would be reasonable for him to do so. This is because only the court can decide if the Council has been negligent. The court can decide what damages, if any, the Council should pay Mr X. These are not decisions the Ombudsman can take, and so an investigation is not appropriate.

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Final decision

6. The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.

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Investigator's decision on behalf of the Ombudsman