Summary: We will not investigate Ms B’s complaint about an injury she suffered and the Council’s handling of her compensation claim. This is because it is reasonable for Ms B to pursue her claim at court. An investigation solely into the Council’s handling of Ms B’s correspondence is not justified.

The complaint

1. The complainant, who I will refer to as Ms B, complains she broke her shoulder after tripping over an overturned road sign which the Council had left on the pavement. Ms B complains the Council rejected her compensation claim without investigating the matter properly. Ms B also complains the Council has not responded to her further correspondence about this matter.

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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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B’s complaint is that she suffered an injury because the Council failed to remove a road sign which had been left on the pavement. In effect, Ms B’s complaint is that the Council has been negligent.
7. 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. 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.
8. The Council has given Ms B a decision on her compensation claim. Ms B is not satisfied with the Council’s decision on her claim or the Council’s investigation into what happened. But, I would usually expect someone in Ms B’s position to pursue their claim by seeking a remedy in the courts.
9. I do not consider there is any exceptional reason why Ms B cannot do this. So, we will not investigate Ms B’s main complaint about her injury and the Council’s handling of her compensation claim.
10. Ms B also complains the Council has not responded to her request for the claim to be looked at again or her letter asking for the Council’s complaints procedure. But, an investigation solely into these matters is not justified. Ms B has received the Council’s decision on her claim. The next step is for Ms B to take the Council to court if she wants to pursue this matter further. Also, the Council’s complaints procedure says the Council does not respond to insurance matters under the complaints procedure.

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Final decision

11. We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court. An investigation solely into the Council’s handling of Ms B’s additional correspondence is not justified.

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Investigator's decision on behalf of the Ombudsman