Summary: We will not investigate Miss X’s complaint about the loss of her personal property from her temporary accommodation. This is because this is a claim for damages best decided in court.

The complaint

1. In short, Miss X complains about the loss of her personal property from her temporary accommodation. She says the £400 remedy offered by the property management company is inadequate. She would like to be reimbursed for the cost of her lost property and also for her consequential stress, time and trouble.

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The Ombudsman’s role and powers

2. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has explained the property suffered a flood due to weather conditions and the property management company removed some of the damaged items.
8. As a goodwill gesture the Council has offered Miss X a £100 for the delayed response from the property management company.
9. We will not investigate Miss X’s complaint. This is because I would usually expect someone in Miss X’s position to seek a remedy in the courts, directly or through insurers. Claims for damages are best decided in court and I consider it is reasonable to expect Miss X to use or to have used the small claims court. Making a claim is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the claim. Those on a low income can apply for help with the fees.

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Final decision

10. We will not investigate Miss X’s complaint because it is a claim for damages which is best decided in court.

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Investigator's decision on behalf of the Ombudsman