The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council ending his business tenancy. The Courts are best placed to deal with contractual matters.
The complaint
Mr X complains the Council ended his business’s tenancy without working with him to resolve rent arrears or issuing him a formal notice. Mr X also complains the Council shared his information online.
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) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X runs a business and leases the business premises from the Council. The Council decided to end the tenancy due to rent arrears.
We will not investigate any matters relating to the contractual dispute between Mr X and the Council. This is because the courts are better placed to consider such matters.
We will also not investigate the complaint about sharing information about Mr X’s business. The Information Commissioner’s Office is the organisation best placed to consider complaints about how organisations handle people’s data and respond to requests for information. In the absence of a wider complaint within our remit, there is not a good reason for us to consider the matter instead.
Final decision
We will not investigate Mr X’s complaint because the Courts are best placed to deal with contractual matters.
Investigator's decision on behalf of the Ombudsman