Summary: The Ombudsman will not investigate this complaint that the Council stole an item belonging to the complainant. This is because the Ombudsman cannot investigate allegations of crime and because the complainant could make a claim on the Council’s insurance.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council stole a model from outside his garage. He says the Council has not properly investigated his allegation. He says the model was worth at least £250.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I found out that the Council will send Mr X a form so he can claim on the Council’s insurance. I invited Mr X to comment a draft of this decision.

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What I found

What happened

4. Mr X had placed a model outside his garage for a short period of time. Mr X alleges Council workers, perhaps from the garden or maintenance team, took the model. Mr X says the model was worth at least £250.
5. The Council says it has checked and it had no teams working in the area on that day. Mr X says the tracking devices on the Council’s vehicles would prove there was a team in the area. Mr X told the Council he was going to make a report of theft to the police.

Assessment

6. Mr X alleges a Council worker stole the model. The Ombudsman does not investigate allegations of crime. If he has not already done so, then Mr X could report the incident to the police. It is the role of the police to investigate crime.
7. Mr X can also make a claim on the Council’s insurance. The insurers will carry out further investigations to establish if the Council is liable for the loss. The Council will send Mr X a claim form after I have closed the complaint. It is reasonable to expect Mr X to make an insurance claim because insurers are an appropriate body to determine if the Council is responsible for what happened.

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Final decision

8. I will not start an investigation because I cannot investigate allegations of crime and Mr X can claim on the Council’s insurance.

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Investigator's decision on behalf of the Ombudsman