Summary: We will not investigate Mr X’s complaint about damage to his mobility scooter. This is because an investigation is unlikely to achieve a worthwhile outcome.

The complaint

1. When Mr X was detained under the Mental Health Act, the Council arranged for the collection and storage of his mobility scooter. Mr X believes, whilst in storage, the mobility scooter was left switched on, causing damage to the batteries beyond repair.
2. Mr X wants the Council to reimburse him the cost of the new batteries.

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The Ombudsman’s role and powers

3. We 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. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Whilst Mr X was detained under the Mental Health Act the Council arranged for his mobility scooter to be collected and stored.
7. The mobility scooter was returned to Mr X when he was discharged.
8. Mr X alleges on return, the batteries were flat, and he was unable to change them. He took the mobility scooter to the shop where he purchased it, and they advised that the batteries were damaged beyond repair.
9. Mr X complained to the Council three months after the return of his mobility scooter and asked for the cost of the new batteries to be reimbursed to him. The Council told Mr X it acted in good faith and couldn’t accept liability for the damage caused.
10. I will not investigate this complaint because an investigation is unlikely to lead to any findings or achieve a worthwhile outcome. This is because I could not say, even on balance, exactly what happened to the mobility scooter whilst it was in storage, when and what caused the batteries to go flat, and whether there were other options for repair.

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Final decision

11. We will not investigate Mr X’s complaint because an investigation is unlikely to achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman