The Ombudsman's final decision
Summary: We will not investigate this complaint about a bike theft from a Council car park. This is because we cannot investigate allegations of crime and the complainant would need to seek compensation through insurers or the courts.
The complaint
The complainant, whom I refer to as Mr X, says the Council should compensate him for the theft of his bike from a Council run car park.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We cannot investigate allegations of crime. That is the role of the police.
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X parked a new bike in a Council run car park. He secured the bike to a bike rack. The bike was stolen. Mr X reported the theft to the police and the Council.
The Council checked the CCTV but the theft was not recorded. The Council told Mr X that the CCTV cameras rotate to cover the whole car park and the bike racks are not continually recorded. The Council said there are security patrols and the area is well-lit. The Council explained there are signs in the car park which say items are left at the owners’ risk. The Council declined Mr X’s request for compensation.
Mr X has been the victim of crime which has caused distress, had a financial impact, and left him without transport. However, we do not investigate crime and cannot say who is responsible for a loss caused by crime or say that a certain body or person should pay compensation for a loss caused by crime. These are matters for the police, insurers or the courts.
Final decision
We will not investigate this complaint because we cannot investigate crime and decisions about whether an organisation should pay compensation following a crime is a matter for the courts or insurers.
Investigator's decision on behalf of the Ombudsman