Summary: We will not investigate Ms X’s complaint about the Council’s refusal to pay her compensation for injuries suffered when she tripped over a broken paving slab. This is because it would be reasonable for Ms X to make a claim against the Council at court.

The complaint

1. The complainant, Ms X, complains the Council refused her claim for compensation for personal injury after she tripped and fell over a broken slab 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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. It is not our role to decide disputes over liability for personal injury; this is a matter for the courts.
6. If Ms X believes the Council is responsible for her injury and that it should pay her compensation it would be reasonable for her to make a claim against it at court.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Ms X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman