London Borough of Merton (24 008 115)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 29 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mrs X’s removed garden property. This is because there is no information to indicate the Council removed it, so we are unlikely to find fault.
The complaint
- Mrs X complains the Council removed her garden property from outside her house and she would like the Council to remove it.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we are unlikely to find evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council denies removing Mrs X’s property. The Council also says it has checked with its contractors who did not remove it and have advised Mrs X to call the Police. We will not investigate as we are unlikely to find evidence of fault.
Final decision
- We will not investigate Mrs X ’s complaint because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman