Summary: Mr B complains about the Council’s handling of matters relating to property he reported as being stolen from his garden. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr B, says the Council has failed to address his complaints and concerns about the theft of his property from his garden and about the response of the officer who dealt with his case.

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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, or
• we cannot achieve the outcome someone wants. (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 Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

4. Mr B contacted the Council about the theft of property belonging to him from his front garden which he believed had been taken by an operative working for the Council’s waste contractor.
5. Council Officer X spoke to Mr B and explained that as the matter related to an allegation of criminal behaviour, it would be something for the police and not the Council to address. Officer X understood following their conversation that both agreed the matter of the alleged theft would not be pursued.
6. However, Mr B subsequently contacted the Council again, repeating the allegation and seeking recompense for the theft. The Council repeated its position and confirmed it had closed the matter.

Assessment

7. The allegation of theft is a criminal matter for the police and not the Council and it has made its position clear on this point.
8. In the absence of evidence of fault by the Council, and no grounds which warrant an investigation by the Ombudsman, we will not pursue the complaint further.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman