Summary: We will not investigate this complaint about a claim for personal injury against the Council. This is because it is reasonable for Mr X to seek a remedy in the courts if he does not receive a satisfactory response form the Council’s insurers.

The complaint

1. Mr X complained about the failure of the Council’s insurers to provide a final outcome on his claim for personal injury. He suffered a broken shoulder when he slipped on ice in a Council car park.

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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 information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he fell on ice in a Council car park in December 2019 and he has not had a final response from the Council’s insurers to the claim he submitted.
6. The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from use of highways and public spaces. This is because these complaints are really about whether the council has been negligent rather than administrative fault. If Mr X does not receive a response within a reasonable time he could seek a remedy in the courts which are the body best placed to deal with claims about the tort of negligence.

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Final decision

7. We will not investigate this complaint about a claim for personal injury against the Council. This is because it is reasonable for Mr X to seek a remedy in the courts if he does not receive a satisfactory response form the Council’s insurers.

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Investigator's decision on behalf of the Ombudsman