The complaint
The complainant, I shall call Miss J, says the Council failed to resolve a repair issue in a commercial unit which she rented for her business. She says this resulted in her stopping trading and losing income. Miss J also complains about the way the Council dealt with her complaint.
Miss J wants the Council to accept her officer to pay half of the outstanding amount. And for it to change its polices to ensure the problem does not reoccur.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Miss J and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss J’s complaint is about whether the Council is liable for the repairs to the commercial unit which she rented. And whether the Council should waive the outstanding rent arrears.
We consider complaints about administrative fault. Only a court can decide legal disputes including whether a party has complied with a licence agreement or who is liable for damage repairs. Only the courts can decide how much compensation a party should pay if they are found liable. Unlike the Ombudsman, the court can also order a party to pay compensation.
We will not consider Miss J’s concerns about the way the Council considered her complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Miss J’s complaint because, for the reasons given in paragraph eight, it is reasonable for her to ask the court to determine liability.
Investigator's decision on behalf of the Ombudsman