Staffordshire County Council (24 016 639)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 29 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint that she suffered injuries because of the Council’s failure to grit a busy pedestrian crossing. This is because it is reasonable for Mrs B to put in a compensation claim to the Council, and if needed, take the Council to court.
The complaint
- Mrs B complains she suffered broken bones after slipping on an icy pedestrian crossing which had not been gritted by the Council. Mrs B says her injuries meant she was unable to work or drive and was left in considerable pain. Mrs B would like the Council to add this road to the Council’s primary gritting network.
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 ultimately about whether an organisation has been negligent. This is for an organisation’s insurers and the courts to decide. Also, we cannot order a party to pay damages.
- If Mrs B considers her injuries were the result of the Council’s decision not to grit this road, she would need to put in a compensation claim to the Council’s insurers. If needed, Mrs B may pursue her claim by taking the Council to court.
- I find it is reasonable for Mrs B to do this. This course of action is proportionate to the injuries Mrs B suffered.
- The courts are in the best position to scrutinise the Council’s approach to treating its road network during winter.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because it is reasonable for her to put in a compensation claim, and if needed, take the Council to court.
Investigator's decision on behalf of the Ombudsman