Folkestone & Hythe District Council (24 015 546)

Category : Environment and regulation > Other

Decision : Upheld

Decision date : 09 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the removal of items linked to a missing person. This is because the Council has provided a satisfactory response, and we cannot achieve the outcome the complainant would like.

The complaint

  1. The complainant, Ms X, complains the Council lied about the removal of missing person posters and about the removal of items from a different location. Ms X wants a full apology for the cover-up and for officers to be sacked.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
  2. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

  1. I considered information provided by Ms X. This includes the Council’s response. I also considered our Assessment Code.

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My assessment

  1. Ms X complained the Council had removed missing person posters and removed items from a different location.
  2. The Council apologised and said an officer removed the posters in error because they mistakenly thought the missing person had been found. The Council apologised for adding to the family’s distress.
  3. The Council explained it had planned for the other items to remain in place for some time and it always contacts the family before removing items. The Council said it had interviewed all relevant staff and there was no evidence anyone from the Council removed the items.
  4. I appreciate this is a difficult time for Ms X and I do not doubt these events have added to her distress. However, I will not start an investigation because the Council has provided a satisfactory response by explaining what happened, offering repeated apologies and by checking that officers did not remove the items. It is unlikely we could add to this response and we could not find out who removed the items.
  5. Further, there is nothing to suggest the Council lied and no evidence any officer is linked to the disappearance of the person, as Ms X has suggested.
  6. Ms X would like officers to be sacked. This, however, is not something we could achieve as we have no power to become involved in personnel issues, including whether someone should be dismissed.

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Final decision

  1. We will not investigate this complaint because the Council has provided a satisfactory response, and we cannot achieve the outcome Ms X would like.

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Investigator's decision on behalf of the Ombudsman

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