Summary: We will not investigate this complaint about a stray dog. This is because there is insufficient evidence of fault by the Council, and we could not achieve the outcome the complainant wants.

The complaint

1. The complainant, Mr X, says the Council refused to accept a payment plan so he could claim his dog. Mr X wants the Council to waive the fees, return the dog and pay compensation because the events led to him being arrested.

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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 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and the stray dog policy. I also considered our Assessment Code.

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My assessment

4. In early 2024 the Council received a report of a stray dog. The Council collected the dog and contacted the owner. The owner said they had given the dog to Mr X.
5. The Council explained Mr X could collect the dog once he had paid the fees. Mr X initially said he would not pay and threatened self-harm if the Council did not immediately return the dog. Mr X then asked for a payment plan. The Council said it does not offer payment plans. It explained it re-homes dogs if the owner does not pay the fees and collect the dog within seven days.
6. Mr X accused the Council of stealing the dog. Mr X alleged the Council had refused a payment plan so a council employee could have the dog. At some point the police became involved and arrested Mr X after an altercation.
7. Mr X did not pay the fees. The Council re-homed the dog. Mr X wants the Council to waive the fees, return the dog and pay compensation for the arrest.
8. The Council’s dog policy confirms the owner must pay all the fees before collection and there is no provision for payment by instalment. The policy also says the Council will re-home a dog if the owner does not collect it within seven days.
9. I will not investigate this complaint because the Council’s response regarding the dog reflects the policy.
10. In addition, we cannot achieve the outcome Mr X would like. The Council has re-homed the dog so it cannot be returned to Mr X. Further the Council is not responsible for anything that occurred between Mr X and the police. Mr X can contact the police if he wishes to complain about the arrest.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman