Summary: The Ombudsman will not investigate this complaint about the Council’s request for the complainant to empty two sheds. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X says the Council treated her badly when it changed the locks and asked her to empty two sheds. Ms X would like compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the email exchanges about the sheds. I considered comments Ms X made in reply to a draft of this decision.

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What I found

What happened

4. Ms X rents two sheds (25 and 26). Ms X had previously rented shed 24. The Council changed the locks on sheds 24 and 28 because, at that time, it did not know who was using them. The Council had to clear the sheds because there was a water leak which it needed to repair.
5. The Council found out Ms X was using the sheds 24 and 28. It gave her the option of renting sheds 24 and 28. Alternatively, it asked her to empty the sheds.
6. After many email exchanges, when the Council repeated these options, Ms X cleared the two sheds in late June. The Council told Ms X, before she collected her belongings, that the leak had been fixed and the area was safe.
7. Although Ms X was using the sheds without paying rent, the Council does not intend charging any rent for that period. Ms X’s only financial commitment is to pay the rent for sheds 25 and 26. Ms X says the Council had decided not to charge her for the two extra sheds due to their size.
8. Ms X says the Council changed the locks without notice. She said the sheds were hazardous and it was not safe for her to empty them. Ms X says the Council has treated her badly and she wants compensation.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council found that someone was using two sheds which, according to its records, were not being rented and should have been empty. It had to access the sheds to deal with the leak. it could not give notice because, initially, it did not know who was using the sheds.
10. Once the Council found out Ms X was using the sheds it gave her the option of renting the sheds or clearing them. Ms X chose to empty the sheds and continues to rent the other two sheds. The Council will not charge her for the time she had use of the two additional sheds without paying rent.
11. Ms X had concerns that the Council wanted her to enter a hazardous area to collect her belongings. However, the Council had told her that the leak had been fixed and the area was safe.
12. In reply to a draft of this decision, Ms X said her belongings were damaged while in the sheds. The Ombudsman only considers complaints that have completed the Council’s complaints process. I checked with the Council and Ms X did not raise damaged belongings as part of her complaint to the Council. This means I cannot comment. However, the Council will send Ms X a claim form so she can make a claim for damage on the Council’s insurance.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman