London Borough of Tower Hamlets (25 017 721)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 14 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that he suffered injuries after falling over a large unauthorised and poorly lit boulder next to a public footpath. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
- Mr B complains he suffered knee, face and dental injuries after falling over a large unauthorised boulder next to a poorly lit public footpath. Mr B complains the Council has not accepted responsibility for the injuries he suffered. Mr B would like the Council to take a range of actions including apologising to him and paying compensation for his injuries, ongoing dental problems, emotional suffering, and loss of independence.
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 Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate personal injury complaints. This is because in effect such complaints are that an organisation has been negligent.
- Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- Mr B has received the Council’s insurer’s decision on his compensation claim. Mr B may now pursue his claim by taking the Council to court.
- I find it is reasonable for Mr B to take the Council to court. Such action is proportionate to the seriousness of the impact of this incident on Mr B.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman