Source · LGO (Local Government & Social Care Ombudsman)

Torbay Council

LGO (Local Government & Social Care Ombudsman) Other Reference 24-001-028 Sector Other Categories Category Commercial And Contracts Decided 04 June 2024

View Torbay Council scorecard

Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about rent the Council claims is owed by the complainant. The courts are better placed than the Ombudsman to adjudicate in contractual disputes.

The complaint

Mr X complains the Council is seeking to recover over £25,000 in rent it says he owes, even though their lease agreement had expired.

The Ombudsman’s role and powers

We can 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

How I considered this complaint

I considered information provided by the Mr X, and the Ombudsman’s Assessment Code.

My assessment

If the Council continues to pursue recovery of the claimed debt, then Mr X should have the opportunity to raise a defence in court, which is better placed than the Ombudsman to consider such contractual disputes.

With reference to paragraph 2 above, the Ombudsman will therefore not investigate Mr X’s complaint.

Final decision

We will not investigate Mr X’s complaint because the courts are better placed to consider contractual disputes.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Torbay Council

Reference Date Summary Outcome
25-032-086 Other
25-021-692 Other
25-015-864 Other
25-031-786 Other
25-024-189 Other
View all decisions for this organisation