North Norfolk District Council (23 020 779)
Category : Other Categories > Commercial and contracts
Decision : Upheld
Decision date : 09 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to prepare a beach hut for use and its subsequent decision to give a partial refund. We consider the Council’s apology and partial refund to be a suitable remedy to this complaint.
The complaint
- Mrs X complains the Council failed to prepare a beach hut for use before she paid to hire it.
- She wants an apology and full refund.
The Ombudsman’s role and powers
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X hired a beach hut for off season use from October to May as she had done the previous year. At end of the last season, she says she told the Council that damp was building, and woodlice were appearing.
- She says when she rehired the same hut the following October, it was dirty, had not been prepared and the woodlice and damp was more extensive. And the window was boarded with a metal screen.
- The Council offered to sweep the hut weekly, but Mrs X was not happy with this. It then offered her a full refund. Mrs X refused the offer as she wanted to use the hut.
- Unfortunately, Mrs X was not able to use the hut for a couple of months for personal reasons. She says when she returned the woodlice and damp was much worse. Mrs X complained to the Council.
- The Council acknowledges the beach hut was not prepared before Mrs X hired it. It also accepts the time taken to respond to her enquiries was unacceptable. It:
- apologised
- offered to sweep the hut weekly
- confirmed the metal screen is a storm board put in place in the winter under its insurance arrangements and advised how to remove it; and
- offered a refund.
- Following Mrs X’s complaint the Council offered a partial refund, taking into account the amount of time the hut was available for her use. Mrs X accepted this.
Final decision
- We will not investigate Mrs X’s complaint because we are satisfied the Council’s apology and partial refund is an acceptable remedy to her complaint.
Investigator's decision on behalf of the Ombudsman