London Borough of Wandsworth (21 001 895)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 24 Jun 2021
The Ombudsman's final decision:
Summary: Ms X complained about the Council denying liability for negligence after she suffered injuries when she tripped over an uneven paving stone in 2019. We will not exercise discretion to investigate this complaint. It was reasonable for Ms X to seek a remedy in the courts which are the proper body to decide legal liability.
The complaint
- Ms X complained about the Council denying liability for injuries which she suffered when she fell on an uneven paving stone in 2019. She says the Council’s insurers applied the criteria for maintenance too rigidly considering the danger to the public. She wants her claim for injury due to negligence to be accepted by the Council.
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 Ms X submitted with her complaint. I have also considered the Council’s response.
What I found
- Ms X tripped on a raised paving stone and suffered a broken shoulder. She reported the accident and submitted an insurance claim against the Council in 2019. The Council’s insurers denied liability and rejected the claim in March 2020. They told her the stone was less than the intervention level for maintenance and so the Council was not negligent.
- Ms X believes the Council should accept some liability given the seriousness of her injury and the fact that that stone was only millimetres below the intervention level.
- The Ombudsman cannot determine liability for negligence in claims about personal injury or damage to property. These are legal matters and if liability is denied by insurers it is only the courts who can decide if a council was negligent in law.
- It was reasonable for Ms X to seek a remedy in the courts when the insurers rejected her claim in 2020.
Final decision
- We will not exercise discretion to investigate this complaint. It was reasonable for Ms X to seek a remedy in the courts which are the proper body to decide legal liability.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman