The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s disposal of her belongings from a garage it repossessed without contacting her. This is because it would be reasonable for her to take the matter to court.
The complaint
The complainant, Mrs X, complains the Council repossessed her garage and removed her belongings.
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 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)
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
Mrs X claims the Council have disposed of items worth more than £2,300 when it repossessed her garage but she says the Council denies there was anything in it.
It is unlikely we could reach any meaningful view on this issue and complaints of property loss and damage are issues which are more appropriate for the courts. We therefore consider it reasonable for Mrs X to make a claim against the Council through the courts.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mrs X to go to court.
Investigator's decision on behalf of the Ombudsman