The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council mistakenly removed her personal items from a garage she rents from the Council. This is because it is reasonable for Ms X to take the matter to the Council’s insurers and, ultimately, the courts.
The complaint
Ms X complained the Council mistakenly removed and destroyed her personal items from a garage she rents from the Council.
Ms X says the matter caused her distress, frustration, and financial loss.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X rents a garage from the Council. Ms X says she attended the garage and found the locks had been changed. Ms X spoke with the Council, and it told her it had mistakenly cleared the wrong garage. It said all the items had been taken to landfill. It signposted Ms X to its liability insurer and offered a symbolic payment of £500 in acknowledgement of the frustration and distress caused.
We will not investigate this complaint. Ms X’s complaint is mainly that the Council has been negligent and caused the loss of her personal items. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way, at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the Council.
Because the Ombudsman cannot decide whether the Council has been negligent and has no powers to enforce an award of damages, we expect someone in Ms X’s position to seek a remedy through the Council’s insurers and, subsequently, in the courts. Ms X has submitted a claim to the Council’s insurers, and if she remains dissatisfied with its response, she can take the matter to court. I do not consider there is any exceptional reason why Ms X cannot do this and so we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to take the matter to the Council’s insurers and, ultimately, the courts.
Investigator's decision on behalf of the Ombudsman