Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his personal injury claim. It is reasonable to expect Mr X to seek a remedy in the courts and so the complaint is outside the Ombudsman’s legal remit.

The complaint

1. Mr X complains the Council has rejected his claim for compensation for injuries he sustained after a fall.

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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 have considered what Mr X said in his complaint. I have written to Mr X with my draft decision and given him the opportunity to comment.

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What I found

4. Mr X sustained injuries after falling over what he says was a raised section of pavement. Mr X complains the Council has rejected his claim for compensation.

Assessment

5. The Ombudsman cannot determine whether the Council is legally liable for Mr X’s injuries or whether compensation should be paid. Only the courts can do this. There is a low-cost procedure open to anyone to make a money claim in the courts or Mr X could ask a solicitor to take on his case, with the option of using a ‘no win, no fee’ solicitor.
6. For these reasons, we consider it is reasonable to expect Mr X to take court action for the compensation he seeks. The complaint is therefore outside our legal remit and we will not investigate.

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Final decision

7. My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Mr X to take court action and the complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman