Summary: We will not investigate Mr B’s complaint that he suffered injuries after tripping on a road. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.

The complaint

1. Mr B complains that he fell and suffered injuries after tripping on a road defect which he could not see because an overgrown tree was blocking a streetlight. Mr B complains the Council has refused his compensation claim even though it arranged for the tree to be cut shortly after the incident. Mr B would like the Council to offer him compensation for the injuries he suffered which have resulted in him being unable to work.

Back to top

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 Act 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr B complains he suffered injuries because the Council failed to maintain the highway. Specifically, Mr B says the Council failed to repair a kerb defect and failed to make sure the streetlights were able to work properly.
7. So in effect, Mr B complains his injuries were the result of negligence by the Council.
8. The Council’s insurers have considered Mr B’s compensation claim. The next step is for Mr B to pursue his claim by taking the Council to court.
9. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
10. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation. Also, unlike the Ombudsman, the court can order a party to pay damages.
11. So, we would normally expect someone in Mr B’s position to pursue their compensation claim by taking the Council to court.
12. I find it is reasonable for Mr B to take the Council to court. The fee for making a claim is relatively modest and Mr B may ask for the fee to be reimbursed if his claim is successful. Help with fees is also available for people on a low income.
13. So, we will not investigate this complaint.

Back to top

Final decision

14. We will not investigate Mr B’s complaint because it is reasonable for him to pursue his compensation claim by taking the Council to court.

Back to top

Investigator's decision on behalf of the Ombudsman