Summary: We will not investigate Mrs X’s complaint that the Council should return her mooring fees for not providing a safe environment for her boat. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X says there was a lack of security where her boat was moored resulting in vandalism and items stolen from her boat.
2. Miss X says her mental and physical health has been affected. Miss X would like the Council to accept liability, compensate her for the lost/damaged possessions and also return her mooring fees.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X says the Council did not provide security in the area where her boat was moored. She says her boat suffered vandalism and damage. She would like the mooring charges she paid to be refunded.
8. The Council says the Harbour Master told Miss X to raise her concerns with the Police. And that the Police would have had access to cctv as part of its investigation. The Council says it is unaware if Miss X did contact the Police.
9. In any case, the Council says it does have security officers who have confirmed they have no knowledge of the issues Miss X raises.
10. Overall, the Council considers that Miss X neglected her boat. It denies liability for her losses and says it is unable to refund any mooring charges.
11. We will not investigate this complaint. I can see no evidence of fault by the Council.
12. If Mrs X believes the Council is liable for her losses, she can take the matter to the courts who are better placed to determine such matters.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman