Summary: Ms X complains about the way the Council dealt with the clearance of a vacant property, particularly about the removal of a number of stray cats from within it. We will not investigate the complaint because there is insufficient evidence of fault by the Council or injustice caused to Ms X to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, complains about the way the Council cleared a property in her locale which had been vacant for many years. She says it did not take proper account of the welfare of the stray cats who used it for shelter. She also complains about its delay in responding to her complaint.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

4. The Council received a number of requests about a vacant property in Ms X’s locale. The requests related to pest control, rubbish accumulation and the condition of the property. It also received a request from the Cats Protection League which was concerned about the number of cats inside the property and wanted to gain access to check on the welfare of the cats.
5. The Council arranged for the property to be cleared and for access for the charity. The charity removed all the kittens and caught some adult cats which were taken away and neutered ready for release again. A few days after clearing and securing the property, the Council received a call that a cat was trapped inside. The Council contacted the RSPCA which caught and removed the cat and satisfied itself there were no further cats in the property.
6. Unhappy cats had been removed from the property which had been their shelter, Ms X complained to the Council, criticising the officer who had overseen the case. The Council responded at Stage 1 of its complaints procedure but did not uphold her complaint. It found no fault with the actions of the officer and in fact was satisfied the officer had acted correctly and in a professional manner. It advised Ms X that a complaint she had made concerning a contract worker at the property shoving another resident in the back should be made by that resident to the Council and the police.
7. Dissatisfied with the response, Ms X escalated her complaint to Stage 2. The Council concluded the approach it had taken, including the engagement of the charity, had been correct. However, it accepted Ms X’s point that the clearance taking place on bonfire night had not been ideal and that in future the team had been asked to consider this when carrying out clearances in similar situations. It apologised for any distress caused to Ms X and for its delay in responding to her complaint.

Assessment

8. While recognising Ms X’s concern for the welfare of cats, there is insufficient evidence of either fault by the Council or injustice caused to her to warrant an investigation by the Ombudsman.
9. The Council has apologised for its delay in responding to Ms X’s complaint and while this is noted, we will generally not investigate complaints about complaint handling when we are not investigating the substantive issue.

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Final decision

10. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council or injustice caused to Ms X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman