Summary: The Ombudsman will not investigate Mrs X’s complaint about an injury to her finger from a bin. This is because the complaint is late, and we cannot decide liability in complaints involving personal injury.

The complaint

1. The complainant, whom I shall call Mrs X, complains she injured her thumb when using a bin provided by the Council.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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What I found

6. The injury at the heart of Mrs X’s complaint took place in 2016. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason why Mrs X could not have complained much earlier, and so the exception at paragraph 3 applies to her complaint. In reaching this decision I have taken into account the point I make below.
7. The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving personal injury. These are a matter for the Council’s insurers and, ultimately, for the courts.
8. If Mrs X wants the Council to pay compensation, she can make a formal claim to the Council’s insurers. If the Council’s insurers refuse the claim, she can take the matter to court. I consider it would be reasonable for her 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. Even if the complaint was not late, these are not decisions the Ombudsman could take.

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Final decision

9. The Ombudsman will not investigate Mrs X’s complaint. This is because the complaint is late, and we cannot decide liability in complaints involving personal injury.

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Investigator's decision on behalf of the Ombudsman