Summary: We will not investigate this complaint about the Council’s contractor allegedly not returning all of the complainant’s possessions it had put into storage, after his eviction. This is because it is reasonable for him to seek a remedy in the courts.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council’s contractor did not deliver all of his possessions back to him, as items were missing and some pieces had been swapped for inferior items or different brands. He wants the Council to admit fault and compensate him.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s possessions were taken into storage by the Council’s contractors after his eviction. He says that when they were delivered back to him, items had gone missing or had been replaced with other items.
7. The Council responded that his items were stored in sealed containers and that Mr X witnessed them being sealed and unsealed when returned. Mr X disputes this.
8. Mr X’s complaint is about loss of property. We cannot establish whether any party is responsible for his loss. This is something only the courts can decide definitively.
9. We will not investigate Mr X’s complaint. If Mr X wishes to pursue the matter of claiming compensation for damage or loss caused to him, it would be reasonable for him to do so in court.

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Final decision

10. We will not investigate this complaint. This is because it would be reasonable for the complainant to pursue the matter of loss or damages to his property in court.

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Investigator's decision on behalf of the Ombudsman