Summary: We will not investigate Mr X’s personal injury claim. This is because it is reasonable to expect Mr X to go to court to determine the Council’s liability.

The complaint

1. In summary, Mr X says he suffered personal injuries arising from the Council’s negligent maintenance of a pavement. Mr X would like to be compensated for lost work, physiotherapy/medical treatment plus emotional damage caused to him.

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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 considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

4. I will not investigate because personal injury claims are best decided in the courts.
5. I see no good reason why Mr X cannot take this matter to court. The court can decide liability and if Mr X is entitled to claim the costs claimed.

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Final decision

6. I will not investigate. It is reasonable to expect Mr X to go to court to decide the Council’s liability for his personal injury claim.

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Investigator's decision on behalf of the Ombudsman