Summary: The Ombudsman will not investigate Ms X’s complaint about a personal injury claim. It is reasonable to expect Ms X to resort to court action for the compensation she seeks. The complaint is therefore outside the Ombudsman’s legal remit.

The complaint

1. Ms X complains the Council has not dealt with her claim for compensation after she fell in an area where the street light was not working. Ms X suffered injuries and damaged her clothing.

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The Ombudsman’s role and powers

2. The law 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

3. I have considered what Ms X said in her complaint and her comments, made in response to my draft decision.

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What I found

4. Ms X complains the Council has not dealt with her claim for compensation after she fell in an area where the street-light was not working. Ms X suffered injuries and damaged her clothing and seeks compensation for this.

Assessment

5. The Ombudsman cannot determine Ms X’s claim for damages. Only the courts can do this. There is a low cost procedure open to anyone to make a money claim in the courts or Ms X could consider using a ‘no win, no fee’ solicitor. It is therefore reasonable to expect Ms X to resort to court action for the compensation she seeks and we will not investigate.

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Final decision

6. My decision is that the Ombudsman should not investigate this complaint. This is because it is reasonable to expect Ms X to resort to court action for the compensation she seeks. The complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman