Medway Council (23 017 261)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s loss of plans she says she needs for a court case. This is because we cannot achieve any worthwhile outcome for Ms X by investigating the matter further. The Council confirms the plans no longer exist and we cannot say this is wrong or make it find them.
The complaint
- The complainant, Ms X, complains the Council no longer has plans relating to her building. She says she needs the plans for a court case and wants the Council to find them.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
- The Council has confirmed to Ms X that the plans she wants no longer exist. We cannot therefore achieve the outcome Ms X wants, which is for the Council to find them. We also could not say the loss or destruction of the plans has caused Ms X significant injustice as we cannot hold it responsible for the outcome of the court case or say that had the plans still existed, it would have been different.
Final decision
- We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Ms X.
Investigator's decision on behalf of the Ombudsman