Summary: We will not investigate this complaint about loss and damage caused to Ms X’s belongings by a removal company paid by the Council using a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complains that a removal company organised through a Council Discretionary Housing Payment lost, damaged and stole some of her personal belongings when she moved home. She says neither the Council nor the removal company has taken responsibility for this.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council paid for a removal company to move Ms X’s belongings to her new property using a Discretionary Housing Payment. When Ms X complained to the Council that some of her property had been lost and damaged it contacted the removal company and a damaged item was replaced and a missing item was found.
6. However, it explained to Ms X that while it had settled the invoice for the removal, it was not responsible for the removal company’s actions and that the contract was between her and the company.
7. While this is a disappointing decision for Ms X, there is no evidence to suggest there has been fault by the Council. If Ms X wishes to continue her claim in relation to lost and damaged property, she can pursue this with the removal company. If she believes property was stolen, she can report this to the police.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman