Summary: We will not investigate Ms X’s complaint about the Council disposing of her father’s pots and pans in error. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or award compensation in the way Ms X seeks.

The complaint

1. Ms X complains on behalf of her father, Mr Y. She complains the Council threw away Mr Y’s full set of pots and pans when it attended his property in December 2023 to clean and clear it in preparation for his discharge home from hospital. Ms X seeks compensation for the lost items and for the inconvenience it caused.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Council in March 2024 that it had wrongly disposed of Mr Y’s full set of pots and pans when it attended his property in December 2023 to clean and clear it in preparation for his discharge from hospital.
9. The Council issued its final response to the complaint in May 2024, and it signposted Ms X to this office if she remained dissatisfied with its response. It did not uphold the complaint.
10. Ms X complained to us in January 2025. She explained that due to serious illness she was unable to complain to us sooner. I can see from the information Ms X provided that she had good reason for the delay in complaining to us.
11. We will not investigate Ms X’s complaint. This is because it is essentially a complaint that the Council has been negligent in wrongly disposing of Mr Y’s belongings. We cannot decide a negligence claim. It is a legal matter for the courts to consider and decide. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. Also, only a court can decide if an organisation has been negligent and so should pay damages and at what level. We cannot recommend actions or payments that ‘punish’ the Council.
12. If Ms X wishes to pursue the claim for compensation then it is open to her to make a claim for damages in the small claims court either directly or via Mr Y’s insurers as it is not a matter we can make a ruling on. Making a claim is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the claim. Those on a low income can also apply for help with the fees.

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Final decision

13. We will not investigate Ms X’s complaint because it is essentially a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or award compensation in the way Ms X seeks.

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Investigator's decision on behalf of the Ombudsman