Teignbridge District Council (24 020 764)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 28 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that fault by the Council resulted in her suffering injuries putting her bins out during adverse weather. This is because it is reasonable for Mrs B to put in a compensation claim, and if needed, take the Council to court.
The complaint
- Mrs B says she tripped and suffered injuries when putting her bins out very early in the morning. Mrs B says the incident would not have happened if collections were not made so early in the morning and if the Council had put in place contingency plans for bad weather. Mrs B would like the Council to pay her compensation for her injuries and make changes to the way it collects refuse.
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 B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate personal injury complaints. This is because such complaints are about whether an organisation has been negligent. Our role is to consider complaints of administrative fault. Only the courts can decide a claim of negligence. Also, unlike the Ombudsman, the courts can enforce an award of damages. We cannot recommend payments that ‘punish’ an organisation.
- So, I would usually expect someone in Mrs B’s position to put in a compensation claim to the Council’s insurers, and if needed, pursue the claim at court.
- Because of the seriousness of the injuries Mrs B suffered, I find it is reasonable for Mrs B to take the Council to court if needed. The fee for making a claim is modest and help with fees is available for people on a low income.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman