Summary: We will not investigate Mr X’s complaint that the Council failed to enforce byelaws at a quay and caused harm to his business. There is no reason to investigate because the Council has confirmed it is responsible for enforcement and the case does not cause Mr X injustice. Mr X has a legal remedy at court, which it is reasonable for him to use, if he wishes to claim the Council has harmed his health or caused economic loss.

The complaint

1. Mr X complains the Council denied responsibility for enforcing byelaw on a quay from which is boat business operated. He says although the Council now accepts it is responsible it failed to enforce the byelaws for 3 years. Mr X says the Council allowed another boat to operate without required licences. He says he was subjected to assault and threats from the operator of a boat which was moored at the quay to make the operation of his business more difficult. Mr X says the Council should enforce the byelaws. He says it should compensate him for the harm to his health and business which he felt obliged to close.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I have considered Mr X’s information and comments. The Council has provided the complaint correspondence.

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My assessment

7. I will not investigate this complaint for the following reasons:
8. There is nothing to achieve by investigating. The Council accepts it is responsible for enforcing the byelaws. It has issued an enforcement notice regarding the boat which Mr X reported in November 2021. It is preparing a file to take the case to court. The handling of that case does not cause Mr X an injustice. He reported it had been at the quay two months. He also told the Council his business was not due to start operating until 1 April. He decided at the end of last year to end his operation. Mr X can report allegations of criminal behaviour to the police.
9. A complaint that the Council has caused harm to Mr X or economic loss is outside the Ombudsman’s jurisdiction being a matter for a court (see paragraphs 3 and 4 above). I consider it reasonable for Mr X to use his legal remedies because a court has the power to decide such a claim and award damages.
10. Events before January 2021 are outside the Ombudsman’s jurisdiction because Mr X complains late being outside the 12-month permitted period (see paragraph 5). I will not exercise discretion to investigate because Mr X could have complained sooner. The matters he has mentioned are more properly dealt with by a court.
11. The Council has apologised for the delay in replying to some of Mr X’s communications. There is insufficient injustice for the Ombudsman to investigate the complaint handling.

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Final decision

12. The Ombudsman will not investigate Mr X’s complaint the Council failed to enforce byelaws at a quay and caused harm to his business. There is no reason to investigate because the Council has confirmed it is responsible for enforcement and the case does not cause Mr X injustice. Mr X has a legal remedy at court, which it is reasonable for him to use, if he wishes to claim the Council has harmed his health or caused economic loss.

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Investigator's decision on behalf of the Ombudsman