Summary: We will not investigate Mr X’s complaint that the Council wrongly contacted the Police when it was unable to contact him. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains a Council social worker contacted the Police when they were unable to contact him. He says the Police broke down his door without good reason. He wants the Council to pay for a new door but he says it has refused.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X’s social worker tried unsuccessfully to contact Mr X over a period of several weeks. After trying different ways to find out if he was away, the social worker contacted the Police and asked them to carry out a well-being check. Mr X says the Police broke down his door to gain entry to his property. He says he was fine and the social worker should not have taken the steps they did. He now wants the Council to pay to replace his door.
7. We will not investigate this complaint. The Council has a duty to take reasonable steps if it has concerns about a person’s safety or well-being. The social worker made many attempts to contact Mr X over several weeks, including speaking to his GP. There is not enough evidence of fault in how the Council made its decision to contact the Police to make a welfare check under these circumstances.
8. Mr X is unhappy the Police broke down his door. However, that is not the responsibility of the Council and we do not have the power to investigate the actions of the Police. Mr X can make a claim through his insurers to replace the door and it will be for the insurers to decide if they wish to bring a claim against the Police.

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Final decision

9. We will not investigate Mr 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