Summary: We will not investigate Mr C’s complaint about the Council’s neglect of his cat. This is because allegations of negligence and claims for compensation are for the courts to determine. It would be reasonable for Mr C to ask a court to consider whether the Council neglected his cat and whether he should receive compensation for the distress and upset caused if it determines it did. We could not say the Council neglected Mr C’s cat.

The complaint

1. Mr C says the Council neglected his cat when he was due to go into hospital resulting in the cat being returned to him unwell and bleeding to death. Mr C says the Council had a duty of care under the Care Act 2014 and should compensate him financially for the loss and suffering it caused.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council says it arranged to board Mr C’s cat at his request on 22 July under the Care Act as Mr C was to go into hospital and had no one to look after the cat. It explained it contacted him on 8 August after it had received an email from the cattery stating the cat appeared unwell and had blood in her urine. Mr C advised the Council his medical appointment had been cancelled and he had not gone into hospital as planned.
6. Although it did not have a duty to accommodate the cat under the Care Act given Mr C had not gone into hospital, it agreed to keep the cat until 11 August at Mr C’s request. Mr C was advised to contact his vet for an urgent appointment regarding blood in the cats urine.
7. We could not make a finding that the Council was responsible for Mr C’s cats death or say he should be compensated financially for the distress caused to him. The court makes findings on neglect, and it would be reasonable for Mr C to provide the court with the evidence he says he has. Mr C can ask the court to consider his claim for compensation if it determines the Council neglected and caused the death of his cat.

Back to top

Final decision

8. We will not investigate Mr C’s complaint because we could not make a finding Mr C wants and it would be reasonable for Mr C to ask the court to consider his allegation the Council neglected his cat.

Back to top

Investigator's decision on behalf of the Ombudsman