Summary: We will not investigate this complaint about damage to personal property following problems with disrepair in temporary accommodation. We do not investigate complaints about negligence causing personal injury or damage to property. It is reasonable for Miss X to submit an insurance claim against the Council. If this is unsuccessful she may seek a remedy in the small claims court.

The complaint

1. Miss X complained about the Council’s failure to store her belongings when her temporary accommodation suffered from dampness caused by a leak. She says hundreds of pounds worth of belongings were damaged by mould.

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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)
3. 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 or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says her belongings were damaged by mould when her temporary accommodation suffered from a leak which required significant repair work. She was moved out for 3 months in 2023 and we have investigated a complaint by her in that year concerning the move (complaint reference 23 002 418).
7. In early 2024 Miss X complained to the Council about the damage to her possessions which were affected by mould growth. The Council investigated her complaint and it told her that she had not made any complaint about the damage when she returned to the property in August 2023 following repairs. It advised her to submit a claim form which will be considered by its insurers.
8. We cannot determine claims about personal injury or damage to property due to alleged negligence by councils. These are legal torts and can only be determined by insurers or the courts if no liability is accepted. It is reasonable for Miss X to complete a claim against the Council and allow its insurers to decide if there is any liability.

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Final decision

9. We will not investigate this complaint about damage to personal property following problems with disrepair in temporary accommodation. We do not investigate complaints about negligence causing personal injury or damage to property. It is reasonable for Miss X to submit an insurance claim against the Council. If this is unsuccessful she may seek a remedy in the small claims court.

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Investigator's decision on behalf of the Ombudsman