Summary: We will not investigate Mrs B’s complaint about the Council leaving a walkway in an unsafe state. This is because it is unlikely an investigation would add to the Council’s own investigation and it is reasonable for Mrs B to take the Council to court if she seeks compensation.

The complaint

1. Mrs B complains she was caused distress and suffered injuries because the Council left a walkway in an unsafe state after removing a waste bin. Mrs B would like the Council to make sure any unsafe pathways are not left unattended in future and are put right promptly.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide we could not add to an organisation’s own investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

5. I considered information provided by Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has responded to Mrs B’s complaint by saying the raised metalwork should have been removed and it will make sure this is put right immediately. The Council apologised to Mrs B. The Council also said it has started regular inspections of this area to make sure this does not happen again.
8. The information indicates the Council is taking this matter seriously and is taking action in line with what Mrs B seeks as an outcome to her complaint. So, it is unlikely an investigation by the Ombudsman would add to the Council’s own investigation of this matter.
9. If Mrs B would like the Council to pay her compensation, she would need to put in a claim to the Council’s insurers, and if needed, pursue her claim at court. 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.
10. I find it is reasonable for Mrs B to take the Council to court if needed. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs B’s complaint because it is unlikely we could add to the Council’s own investigation and it is reasonable for Mrs B to take the Council to court if she seeks compensation.

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Investigator's decision on behalf of the Ombudsman