London Borough of Enfield (25 015 170)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 09 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint that the Council has failed to ensure a public footpath was safe to use, resulting in her suffering injuries. This is because it is reasonable for Mrs X to take the matter to court.
The complaint
- Mrs X complains she fell and suffered injuries because the Council failed to keep a public footpath safe. She wants the Council to pay her compensation for her injuries. She also says the Council has not kept her informed about the progress of her claim.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mrs X’s representative (Miss Y) and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot determine negligence or personal injury claims. These are matters for the courts. If Mrs X and Miss Y believe the Council is liable for the injuries Mrs X suffered when she fell, it would be reasonable for Mrs X to pursue the matter at court.
- Miss Y also says the Council has not kept her informed about the progress of the matter. But it is not a good use of public resources to look at this issue as we cannot determine the underlying dispute, which concerns the Council’s liability for Mrs X’s injuries. The fact remains that if Mrs X is not satisfied with the Council’s handling of her claim for compensation it would be reasonable for her to make a claim against it at court. We will not therefore investigate this issue separately.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman