Summary: We cannot investigate this complaint about a visit by Council officers to Mr X’s property or his allegation they stole items. This is because there is insufficient evidence of fault to justify an investigation. We will also not investigate Mr X’s complaint about police and ambulance attendance, as this is outside our jurisdiction.

The complaint

1. Mr X complains the Council visited his property unannounced and did not show identification. Mr X says that while Council officers were at his property, they stole valuable items. Mr X further complains the ambulance service and the police keep attending his property.
2. Mr X says the Council has violated his human rights and has left him destitute. Mr X seeks compensation and the return of his valuables. He also wants the Council to remove all information it holds about him.

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The Ombudsman’s role and powers

3. 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, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Police & Ambulance Service (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council visited Mr X’s property to carry out a welfare check. It stated it did not have Mr X’s contact details, so it visited unannounced. Councils can carry out unannounced welfare visits when concerns exist, and there is insufficient evidence to suggest this action was outside normal procedures.
9. The Council said that its officers asked Mr X for his consent before entering his property, and he consented. Mr X disputes this and states the officers did not show identification before entering the property. When it is a question of conflicting views of what was said, without independent verification, it is unlikely we will be able to make sound findings on what happened. We will not investigate this matter further.
10. The Council denied taking any items and advised Mr X to report the theft to the Police. Allegations of theft are criminal matters and fall outside our jurisdiction. Therefore, we cannot investigate this matter.
11. Mr X also complains about the police and ambulance service attending his property. These organisations are outside our jurisdiction, so we will not consider this part of the complaint.

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Final decision

12. We cannot investigate Mr X’s complaints because most of them fall outside our jurisdiction. And there is insufficient evidence of fault to justify an investigation in relation to the others.

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Investigator's decision on behalf of the Ombudsman