Summary: We will not investigate Mr X’s complaint the Council damaged and lost his personal property. That is because the courts are best placed to deal with compensation claims.

The complaint

1. Mr X complained the Council damaged and lost his personal property when it moved it into storage in 2017. He is unhappy with the offer of compensation from the Council’s insurance provider.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. We will not investigate Mr X’s complaint the Council damaged and lost his personal property. Mr X has already made an insurance claim against the Council. If he disagrees with the amount of compensation the Council’s insurance provider has offered, he can challenge this through the county courts. There are no good reasons for Mr X not to pursue court action.
7. We will also not investigate the Council’s decision to put Mr X’s belongings into storage. That is because this happened seven years ago, therefore the complaint is late. There is no good reason to exercise discretion and investigate now.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to pursue his claim through the county courts.

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Investigator's decision on behalf of the Ombudsman