The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council’s actions led to a loss of business for Mr X. This is because he has the opportunity of obtaining a remedy by taking the matter to court so placing the complaint outside our jurisdiction.
The complaint
Mr X complains the Council was negligent in failing to consult with local businesses about roadworks which affected his business and about its failure to display timely and adequate “Business as usual” signs.
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
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He has the opportunity of obtaining a remedy by taking the matter to court and as we would reasonably expect him to seek redress in this way the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because he has the opportunity of obtaining a remedy by taking the matter to court so placing the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman