Summary: We will not investigate this complaint about how the Council dealt with correspondence requesting the Council pay compensation for costs associated with damage to the complainant’s property. This is because there is insufficient evidence of fault causing the complainant a significant injustice.

The complaint

1. Mr X complains that the Council lost two letters he sent to them, and then failed to respond to his further correspondence about the matter.

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The Ombudsman’s role and powers

2. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X believes that the Council trees were responsible for damage to his property. Mr X made a claim through his insurers for repairs to his property but had to may a £1000 excess.
6. Mr X hand delivered two letters to the Council asking it to reimburse the £1000 excess. After he received no response, Mr X contacted a councillor who contacted the Council on his behalf. The Council said that it could not trace the letters sent but told Mr X he would need to contact its insurers to make a liability claim. The Council later apologised to Mr X for not responding to further correspondence, but repeated that in order to make a claim for compensation he would need to contact their insurers.
7. I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault with how the Council has deal with Mr X’s claim for compensation, as it has correctly signposted Mr X to its insurers. Whilst I note that the Council losing his letters and not responding to Mr X’s further correspondence will have caused Mr X a certain level of frustration, this does not amount to a significant enough injustice to warrant our investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault causing him a significant injustice.

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Investigator's decision on behalf of the Ombudsman