Summary: We will not investigate this complaint about a house Ms X leases to the Council. This is because it is reasonable to expect Ms X to use her right to take court action.

The complaint

1. Ms X complains the Council has not given back a house she leased to the Council. She states this is causing her financial difficulties and stress. She wants the Council to remove its tenants from the house and return it to her.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X owns a house that she leased to the Council, which used it as temporary accommodation. Ms X gave notice to end the arrangements. The Council has not returned the house to Ms X within the expected timescale.
6. Essentially, Ms X is arguing the Council is not keeping to its legal agreement with her. Interpreting the law about whether parties acted properly under leases or any other legal duties, and deciding how to remedy any breach, are more properly matters for the courts than for the Ombudsman. Therefore, the restriction in paragraph 2 applies.
7. There might be some cost to court action, but that does not automatically make it unreasonable to expect someone to go to court. Ms X is letting her property out as a business arrangement, so she might reasonably expect managing this arrangement could sometimes involve some expense and inconvenience. If her legal action were to succeed, she could ask the court for her costs.
8. In addition, we would be unable to have the property returned to Ms X with vacant possession. People are living in the property and if the Council does not rehouse them or they do not leave voluntarily, only the courts, not the Ombudsman, can force them to move out.

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Final decision

9. We will not investigate Ms X’s complaint because it would reasonable to expect her to use her right to take court action.

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Investigator's decision on behalf of the Ombudsman