Summary: We will not investigate this complaint about inadequate security measures at a council car park. This is because the injustice Miss X claims stems from the actions of an unknown third party who broke into her car and we cannot hold the Council responsible for this. If Miss X believes the Council should be liable it would be reasonable for her to make a claim against it at court.

The complaint

1. Miss X complains the Council has inadequate CCTV coverage and perimeter fencing in a car park it operates, which she believes contributed to the break-in of her vehicle and the Police’s inability to find and convict those responsible. She says she has lost £500 and her insurance premiums have gone up.
2. Miss X would like the Council to pay her compensation and improve security measures at the car park.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 Miss X and the Ombudsman’s Assessment Code.

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My assessment

6. While the Council owns and operates the car park it does not take on responsibility for everything that happens in it. So while I appreciate Miss X has suffered distress and been impacted financially as a result of the break-in of her car I cannot say the Council was responsible for what happens. If Miss X believes it is, and that it is therefore liable for her losses and should pay her compensation it would be reasonable for her to make a claim against it at court.
7. There is no requirement for the Council to add additional CCTV cameras and improve perimeter fencing and even if it did, this would not change what has already happened in Miss X’s case. There is also no guarantee it would stop any future break-ins or that it would allow the Police to find and prosecute those responsible.

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Final decision

8. We will not investigate this complaint. This is because the Council’s actions did not cause the injustice Miss X claims. If Miss X believes the Council is responsible for her losses and should pay her compensation it would be reasonable for her to make a claim against the Council at court.

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Investigator's decision on behalf of the Ombudsman