Summary: We will not investigate Mr B’s complaint that he suffered injuries after slipping on loose grit which the Council left on the pavement outside his home. This is because it is reasonable for Mr B to put in a compensation claim to the Council, and if needed, pursue this matter at court.

The complaint

1. Mr B complains he suffered injuries after slipping on loose grit which the Council put on the pavement outside his home. Mr B says the Council did not put up a sign to warn pedestrians of this slip hazard. Mr B would like the Council to apologise and pay him compensation.

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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 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)

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How I considered this complaint

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

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My assessment

6. Mr B complains he suffered injuries because the Council created a slip hazard by leaving loose grit on the pavement without warning pedestrians. So, in effect, Mr B complains his injuries were the result of negligence by the Council.
7. The role of the Ombudsman is to consider complaints of administrative fault. We take the view that negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
8. 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.
9. 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.
10. So, we would normally expect someone in Mr B’s position to put in a compensation claim to the Council’s insurers and if needed, pursue the claim at court.
11. I find it is reasonable for Mr B to take the Council to court if needed. 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.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman