West Sussex County Council (25 000 030)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 03 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage caused to a property when removing equipment that did not belong to the Council. There is not enough evidence to prove fault by the Council, and property damage/theft is a matter for the police and insurers to investigate.
The complaint
- Mrs X complains, on behalf of Mr Y, that the Council damaged tiles in a property while removing a shower seat that did not belong to the Council. She would like to be compensated for the remedial repairs required plus an amount for her time and trouble in pursuing this matter.
The Ombudsman’s role and powers
- 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
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate. The Ombudsman cannot decide if the seat was removed because of fault by the Council. The Council says this is a private matter between the complainant and the private Health Care Company. Therefore it does not seen the shower seat was provided by the Council under any assessed need obligations.
- Further, if private property in the form of a shower seat was removed; that is for the police to investigate and decide.
- Any valuation and payment for stolen items is for insurers to decide. If Mrs X can prove the Council is at fault she can claim on the Council’s insurance, if not she can claim on the homeowner’s insurance.
Final decision
- We will not investigate Mrs X’s complaint because there is not enough evidence to prove fault by the Council. The police and relevant insurance company are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman