The Ombudsman's final decision
Summary: We will not investigate this complaint about an import inspection delay. This is because there is not enough evidence of fault to warrant our investigation.
The complaint
Miss X complained the Council carried out an inspection of her imported container in winter 2024 after a delay. Miss X said this delay caused her a financial loss. She would like the Council to recognise failings relating to her container inspection and provide compensation for her financial loss.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X imported a container in winter 2024 to the Port of Liverpool. The container was selected for examination by the Port Health Authority.
The Port Operator asked for documentation from Miss X’s Agent before the container could be inspected. The Port Operator moved the container for inspection after it received the requested information. The Port Health Authority then inspected the container and released it.
This process took nine working days.
In their complaint response to Miss X, the Council said that the Port Operator could not move the container until it had received the requested information from Miss X’s Agent. It said that once the container had been moved, the Mersey Port Health Authority inspected and released the container on the same day.
We will not investigate this complaint because there is not enough evidence of fault to warrant our involvement. The Council concluded the inspection of the container was delayed because the Port Operator had not received the requested information from Miss X’s Agent. This was not within the Council’s control. Therefore, we cannot hold it responsible for any related delays.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant our investigation.
Investigator's decision on behalf of the Ombudsman