The Ombudsman's final decision
Summary: We will not investigate this complaint alleging the Council is liable for the loss of the complainant’s personal property. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.
The complaint
Mr Y complains the Council is liable for the destruction of his personal property when it failed to liaise with the landlord of his civil partner’s tenancy. He is seeking compensation of £9,500.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a simple procedure in the county court for dealing with small claims.
I will not exercise discretion to investigate because the matter of liability and any damages owed is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs of any loss of property.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide any Council liabilities owed for lost property.
Investigator's decision on behalf of the Ombudsman