Summary: We will not investigate Miss X’s complaint about the Council’s refusal of her personal injury claim. This is because it would be reasonable for Miss X to make a claim against the Council at court.

The complaint

1. The complainant, Miss X, complains the Council has refused her claim for personal injury suffered when she tripped on the pavement.

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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)

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How I considered this complaint

4. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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Final decision

5. If Miss X believes her injuries are the result of any failures by the Council it would be reasonable for her to make a claim against the Council at court. We cannot decide whether the Council is liable for Miss X’s injuries or the amount of compensation she may be entitled to and we cannot therefore achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman