The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about loss of his personal property. This is because it is reasonable to expect Mr X to go to court.
The complaint
Mr X complains the Council locked him out of a property, resulting in the loss, theft and damage of his personal possessions. He seeks compensation of £2308 for his losses, moving expenses and damage to his 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr X. It says Mr X was an unauthorised occupier. And it was entitled to secure the property, including changing the locks, and that it is not responsible for belongings left in the property. It did not uphold the complaint and refused the request for compensation.
We will not investigate. The injustice claimed is the loss, theft and damage of personal possessions and the complainant seeks financial compensation for those losses. Determining liability for allegedly stolen or lost belongings would require findings on disputed facts, including responsibility for the security of the property and the possessions within it. Such matters are more appropriately determined by the courts, which can consider evidence, make legally binding findings of liability and award damages.
We consider it reasonable for the complainant to pursue any claim for compensation for stolen, damaged or lost possessions through the court.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.
Investigator's decision on behalf of the Ombudsman