Summary: The Ombudsman will not investigate Mr X’s complaint about the loss of his kayak from a storage facility owned/run by the Council. This is because it would be reasonable for Mr X to make a claim against the Council at court.

The complaint

1. The complainant, Mr X, complains the Council failed to inform him he would need to remove his kayak from a harbour storage facility while carrying out works in 2020. He says his kayak is missing.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X and considered his comments.

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What I found

5. The Council renewed a harbour storage facility in early 2020. It accepts it did not notify Mr X that he needed to remove his kayak, which he stored in the facility, and Mr X says when he went to use it, it was not there. He values the kayak at £500 and asked the Council for compensation for his loss. The Council refused Mr X’s claim; its response explains it does not accept liability for loss of kayaks left in the facility for several reasons.
6. Whether the Council is liable for Mr X’s loss is a legal issue. If Mr X wishes to pursue the matter it would be reasonable for him to make a claim through the courts. The courts are better placed to deal with the dispute and its decision is binding on both parties.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman