Sandwell Metropolitan Borough Council (24 004 770)

Category : Other Categories > Leisure and culture

Decision : Closed after initial enquiries

Decision date : 18 Mar 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not providing Mr X with items he believes should be returned to him. This is because this is a dispute about property ownership and Mr X has an alternative legal remedy through the courts, who can settle such a dispute. And it would be reasonable to expect Mr X to use this alternative legal remedy.

The complaint

  1. Mr X said he loaned the Council valuable items in 2021. He said he asked for the items back more recently and the Council declined, saying it had no record of the items being loaned to it. Mr X said this situation has caused him unnecessary stress and he wants the items returned

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X said in 2021, he loaned the Council valuable items for an exhibition and in 2023, he asked for them back. He then complained when the Council declined. In its complaint response, the Council said it had no record of the items being loaned to it, and believed it owned the items Mr X said it had taken possession of. Mr X disputed this and said he had too had evidence of ownership.
  2. This is a dispute about property ownership and only the courts can resolve such disputes. Accordingly, we will not investigate, because Mr X has an alternative legal remedy. And given the nature of Mr X’s complaint, and that only the court can resolve the issue; after weighing up each party’s claim, it would be reasonable to expect him to use this alternative remedy.

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Final decision

  1. We will not investigate Mr X’s complaint because he has an alternative legal remedy, and it would be reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman

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