Summary: We will not investigate this complaint about the Council’s refuse contractors taking the complainant’s property from a garden wall. This is because it is reasonable for the complainant to take her claim of property damage to court.

The complaint

1. In summary, Mrs X says the Council’s refuse contractors disposed of a present that she had left on her wall while she talked to her neighbour. She would like the Council to reimburse her for the cost of the present.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

4. I will not investigate because the matter of liability for loss of possessions is usually decided in the courts. It is reasonable for Mrs X to take the matter to court. The court can decide liability and if Mrs X is entitled to claim the costs of the lost property. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.

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Final decision

5. I will not investigate as it is reasonable to expect Mrs X to go to court to decide the Council’s liability for her loss of property.

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Investigator's decision on behalf of the Ombudsman