The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to private property. This is because Ms X could take the matter to court.
The complaint
Ms X complains the Council wrongly destroyed and disposed of her property. While the Council has offered a financial remedy, Ms X says this does not properly reflect the value and utility of the property which she lost.
Ms X also says the loss of her property has adversely affected her mental health.
She would like the Council to offer compensation that better reflects her 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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepted responsibility for the damage. Ms X’s complaint now focusses on whether the remedy it offered is adequate. The Ombudsman will not normally investigate a complaint where it is reasonable for the person to take the matter to court.
The courts are better placed to determine the extent of Ms X's loss and any compensation payable. I therefore consider it reasonable for Ms X to pursue the matter through the courts. For this reason, the Ombudsman will not investigate.
Final decision
We will not investigate Ms X’s complaint because Ms X could take the matter to court.
Investigator's decision on behalf of the Ombudsman