Summary: The Ombudsman will not investigate Miss X’s complaint about an injury she suffered from a fall on the public highway. This is because the Council has made an offer she is happy with. Even if this were not the case, an investigation by the Ombudsman would not be appropriate. This is because we cannot establish liability in personal injury claims.

The complaint

1. The complainant, whom I shall call Miss X, complains about an injury she suffered from a fall on the public highway. She says the fall was due to the condition of the pavement.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

3. 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)

Back to top

How I considered this complaint

4. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before issuing a final decision on her complaint.

Back to top

What I found

5. Miss X complains about an injury she suffered from a fall on the public highway. She says the fall was due to the condition of the pavement and asked the Council to pay her £200. The Council initially refused but has now agreed to her request.
6. Miss X says she is happy with the amount paid. Even if this were not the case, we would not investigate. This is because an investigation by the Ombudsman could not achieve anything more. The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving personal injury. These are for a council’s insurers and, ultimately, for the courts

Back to top

Final decision

7. The Ombudsman will not investigate Miss X’s complaint. This is because Miss X is happy with the Council’s offer. An investigation by the Ombudsman could not achieve anything more because we cannot investigate personal injury claims.

Back to top

Investigator's decision on behalf of the Ombudsman