Camden Council (202102563)

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REPORT

COMPLAINT 202102563

Camden Council

17 September 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

The complaint is about:

  1. The Council’s decision to remove and dispose of the resident’s motorcycle
  2. The response to the resident’s request for compensation for the loss of their motorcycle.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. On 12 October 2020, the Council’s Environmental Services team requested its contractors to remove and destroy the resident’s motorcycle, explaining that the registered keeper had failed to respond to its queries and notices concerning the vehicle.
  2. On 9 November 2020, the resident made a formal complaint to the Council about its decision to remove and destroy their motorcycle and requested for the Council to pay £2,000 in damages to cover the cost of replacing the motorcycle.  
  3. On 20 April 2021, the Council provided its final response to the complaint in which it explained that its decision to remove and destroy the motorcycle was compliant with the law, Council policy and process. It subsequently rejected the complaint and advised the resident to seek redress via legal action. The Council also advised the resident to contact the Local Government Ombudsman (LGO) if they remained dissatisfied with its response.
  4. On 4 May 2021, the resident contacted the Housing Ombudsman to complain about the Council’s decision to remove and destroy their motorcycle.

Reasons

  1. Paragraph 36 of the Housing Ombudsman Scheme sets out what types of complaints can be brought to this Service;
  2. The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.
  3. The complaint is about the removal and disposal of a motorcycle. It is unrelated to the occupation of property and is therefore outside of this Service’s jurisdiction to consider.
  4. Council’s carry out a wide range of functions, some are carried out in its capacity as a landlord and others in its capacity as a local authority. The actions/decisions of its Environmental Services concern the Council’s function as a local authority. Complaints which concern the Council’s function as a local authority are a matter for the Local Government Ombudsman. Therefore, as per the Council’s final response, the resident will need to contact the LGO if they wish to pursue their complaint further. The contact details for the LGO are as follows:
  5. https://www.lgo.org.uk/       0300 061 0614