The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council repossessing a garage rented by the complainant and disposing of the items stored within it. There is not enough evidence of fault in the enforcement process, and we would be unable to establish what happened during a meeting with a council officer.
The complaint
Ms X complains the Council failed to follow the correct enforcement process when repossessing the garage she rented and disposing of the belongings she had stored there. Ms X also says a council officer was threatening and racially abusive towards her during a meeting about her case.
The Ombudsman’s role and powers
We can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organization.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered: information provided by Ms X and the Council, including copies of the enforcement letters issued by the Council and their complaint correspondence.
the garage license agreement between Ms X and the Council.
the Council’s ‘Garage Arrears Escalation Process’.
the Ombudsman’s Assessment Code.
My assessment
I appreciate this has been a difficult period of time for Ms X.
But the Ombudsman will not start an investigation into her complaint. This is because there is not enough evidence of fault in the enforcement process followed by the Council. It sent several letters to Ms X which set out the consequences of failing to pay the arrears and of failing to collect her belongings.
And in the absence of any recordings or independent witnesses, it would not be possible for the Ombudsman to establish if the council officer acted with fault during the meeting with Ms X.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault in the enforcement process, and we would be unable to ascertain what happened during her meeting with a council officer.
Investigator's decision on behalf of the Ombudsman