The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to comply with the terms of a trading licence as it is reasonable to expect Ms X to pursue a remedy through the courts.
The complaint
Ms X complained the Council failed to meet the obligations of a street trading licence she purchased and that her business suffered financially as a result.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained the Council did not comply with the conditions of a licence she purchased to trade at a street carnival, in that safety barriers were not provided to fence off her stall. Ms X complained this jeopardised safety and deterred potential customers from visiting her stall. Ms X considers the Council failed to meet its contractual obligations and that her business suffered financially as a result. Ms X wants the Council to refund the licence fee to her.
We are not able to determine damage claims arising from potential contract breaches as this is a matter for the courts. There is a simple, low-cost procedure open to anyone to make a money claim in the courts and I consider it is reasonable to expect Ms X to take such action, particularly given that she is a business owner. As such, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to pursue a remedy through the courts.
Investigator's decision on behalf of the Ombudsman