Summary: We will not investigate this complaint that the Council has not accepted liability for a personal injury as this is a matter for the courts.

The complaint

1. Ms X complains the Council has not accepted liability for an accident she had when she fell over a planter on a grass verge. Ms X suffered injuries from the fall and wants the Council to pay compensation for this and to remove the planters that have been placed on verges by residents, which Ms X says are hazardous.

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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. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot determine whether the Council is legally liable for Ms X’s injuries or whether it should pay compensation to her. Such damage claims can only be determined in court. There is a simple procedure open to anyone to make a money claim in the courts or Ms X could consider asking a solicitor to take on her case. Many solicitors will take on such cases on a ‘no win, no fee’ basis.
8. For these reasons, it is reasonable to expect Ms X to resort to court action for the compensation she seeks, and we will not therefore investigate.
9. I appreciate the concerns Ms X has in respect of the planters that have been placed on verges by residents and that she would wish the Council to ensure these are removed. However, I do not consider Ms X is caused a level of personal injustice from this, as a general issue, to a degree that would warrant our involvement. We will not therefore investigate this as a separate matter.

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Final decision

10. We will not investigate Ms X’s complaint because it is reasonable to expect her to resort to court action for the compensation she seeks.

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Investigator's decision on behalf of the Ombudsman