Summary: We will not investigate this complaint that the Council wrongly took a gate from outside Mr X’s home as it is unlikely we can achieve any meaningful outcome for Mr X and ultimately he has the right to seek a remedy in court.

The complaint

1. Mr X complains the Council wrongly removed a gate that had been propped up against his property for less than an hour. Mr X wants the Council to pay for a replacement gate.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has told Mr X there is no evidence to corroborate his view that it took the gate. It has also said that had it taken it away, it would have done so legitimately as the gate was placed on public highway and so constituted fly tipping. The Council’s insurers have also considered Mr X’s claim for the gate but have rejected it.
7. We will not investigate as it is unlikely we can add to what the Council has already said or achieve the outcome Mr X seeks, in the absence of any corroborating evidence.
8. Ultimately, if Mr X considers the Council was negligent in taking his gate, he has the right to seek compensation in the county court.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we can add to what the Council has already said or achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman