Summary: We will not investigate this complaint about an illegal eviction, theft and failure to pay for work completed at a rented property. We have not seen enough evidence of fault in the way the Council considered Mr X’s report of being evicted illegally. And we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains the Council:
• failed to help him when he was illegally evicted
• failed to help him get money and property returned which he says the landlord stole; and
• failed to help him get the landlord to pay him for work carried out at the property.
2. Mr X wants help in getting his stolen money and property back and his invoices paid.

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The Ombudsman’s role and powers

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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to my enquiries, the Council says Mr X provided no evidence that he was illegally evicted. He says the landlord advised Mr X had been a tenant for some years. However, the landlord says Mr X met him and returned the keys – he says he has witnesses and text messages to support this.
7. The Council also advised Mr X that the theft of a large amount of money and property is a criminal matter. It confirmed the Police have been informed and the Council cannot take any action on this point.
8. The Council advised Mr X that failure of the landlord to pay for work Mr X carried out at the property is a civil matter between Mr X and his firmer landlord.

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Final decision

9. We will not investigate Mr X’s complaint because:
• There is not enough fault in the Council’s actions as it is satisfied Mr X did not provide evidence that he was evicted illegally.
• Theft is a criminal matter and we cannot require the Council to help him get his stolen property back.
• Failure to pay for work is a civil matter between Mr X and his former landlord and we cannot require the Council to help him in this matter.

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Investigator's decision on behalf of the Ombudsman