Summary: We will not investigate Mr X’s complaint the Council disposed of property from his home. It is unlikely we would find fault and further investigation would not lead to a different outcome.

The complaint

1. Mr X complained because the Council disposed of property from his home without his consent, while he was staying in a residential care home. Mr X said this meant he cannot now go home, and he has lost valuable possessions.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. The Council served Mr X with two environmental health notices, requiring him to address public health concerns at his home. Because of Mr X’s circumstances at that time, it also offered to assist him with clearing his home to avoid any further action in relation to the notices. Mr X subsequently complained about the Council’s actions.
6. The Council said Mr X had agreed to its support and explained why many of his possessions were disposed of. It agreed to support Mr X with the purchase of some of the items it had disposed of.
7. We will not investigate here. On the information I have seen, particularly copies of discussions the Council had with Mr X, it is unlikely I would find fault. Additionally, the Council have looked at Mr X’s complaint and agreed some of the items could have been kept and agreed to purchase these for him. Given its explanation and response, I am satisfied further investigation by us would not lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely we would find fault and any further investigation by us would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman