The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council has ended a lease and closed her business causing financial loss and harm to her health. Ms X has a legal remedy at court which it is reasonable for her to use.
The complaint
Ms X complains the Council requires her to leave a site where she has operated a business and to remove the building. Ms X says she has run the business for many years. The Council relies on a lease and court order saying she has no rights. Ms X says she was not aware of the Council’s court application but was treated as a party to the case. She says she did not receive a copy of the lease or court order for some years after opening the business. Ms X says she has lost her business and the Council allowed her to invest in the business during the period after it was decided to end the lease. Ms X says the Council has acted unfairly and harmed her health. She has suggested an out of court settlement. Ms X wants the Council and a third party to pay compensation for her business losses and the harm to her health.
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 have carefully considered Ms X’s information and comments.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction. Ms X has an alternative legal remedy at court if she has evidence the Council is at fault and has caused financial loss or harm to health.
I consider it reasonable for Ms X to use her legal remedies. A court can consider the terms of the lease and the court order to which she refers. A court has the power to award damages if the Council is at fault. The large financial settlement which Ms X wants is suitable for a court’s consideration.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council has ended a lease and closed her business causing financial loss and harm to her health. Ms X has a legal remedy at court which it is reasonable for her to use.
Investigator's decision on behalf of the Ombudsman