Summary: We will not investigate Miss X’s complaint that the Council removed her mother’s belongings from a property without giving Miss X notice. This is because any fault did not cause Miss X significant injustice.

The complaint

1. Miss X complains the Council removed her mother’s belongings from a property without giving Miss X notice. She says because of this failure she could not collect any mementos from her family home which caused her upset.

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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:

• 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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X is unhappy the Council did not give her advanced notice it was clearing her mother’s property.
6. The Council has apologised for not giving Miss X advance notice. However, its records show it spoke to Miss X before the process was complete and gave her the chance to attend the property to gather items, but she did not wish to do so.
7. As Miss X could have avoided any injustice by attending the property I will not investigate. The Council’s overall actions have not caused her significant injustice.

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Final decision

8. We will not investigate Miss X’s complaint because any fault did not cause her significant injustice.

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Investigator's decision on behalf of the Ombudsman