London Borough of Croydon (24 021 221)
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint the Council has lost her personal belongings. Further investigation by the Ombudsman would not lead to a different outcome.
The complaint
- Miss X complained the Council lost her personal belongings, after it agreed to store them on her behalf. She said she had recently moved into secure accommodation, but when she went to retrieve her personal belongings, most were missing.
- Miss X said the items lost hold sentimental value and the impact of their loss has caused her significant distress. She wants the Council to locate her personal belongings and compensate her for the emotional upset caused by their loss.
The Ombudsman’s role and powers
- 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:
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Miss X’s complaint the Council has lost her personal belongings. In its complaint response, the Council said it had no record of arranging storage for Miss X’s personal belongings, or being responsible for the property she was previously living in. Without further evidence from Miss X demonstrating the Council did arrange storage for her, further investigation by the Ombudsman is unlikely to lead to a different outcome.
- In addition, Miss X wants financial compensation for loss of belongings. Miss X can pursue such a claim through either her own or the Council’s insurance.
Final decision
- We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman