Examples: Commercial or contractual transactions by the council

Public passenger transport

These examples are OUTSIDE the Ombudsman's jurisdiction:

The use of concessionary travel passes and oyster cards
The council’s bus service has increased fares
A bus conductor was abusive
The driver saw me running for the bus and drove off just before I got to the stop
The bus company running local services has dropped the service which passed my door
The council has just contracted out its bus service but the routes and positions of bus stops were changed to my disadvantage (decision was part of a contract)

But these would be IN as they essentially relate to matters other than provision of public passenger transport:

The council was offering concessionary fares to pensioners and these have been withdrawn
The council dealt incorrectly with a planning application for a new bus garage/railway station close to my home (a planning complaint)
The council did not deal properly with my complaints about noise and litter from people using the nearby bus shelter (environmental health and possibly planning);
The council closed the bus station toilets and the drivers now use the gravel next to my garden (environmental health)
The council has moved the bus stop away from/closer to my home as part of a rationalisation of its service: it has been in place for many years with no accidents and we were not consulted (highways – decision not part of a contract)

Docks and harbour undertakings/acquisition and disposal of land used for moorings in dock or harbour undertaking:

A council sought to redevelop a harbour as a marina, which involved alterations to the terms and conditions under which fishermen could continue to hire berths there. The Ombudsman was able to look at this complaint only insofar as it concerned the disposal of the land to a private company.

But these examples are OUTSIDE the Ombudsman's jurisdiction:

The fees for moorings have increased significantly this year
The harbour wall is dangerous for children and needs repair/railings (this might also be out on ‘all or most’ if the complaint was general or on 26(6)(c) if the complainant had sustained an injury)
The Harbourmaster would not lease me a mooring

These are generally IN, as the exclusion only relates to transactions in land for moorings provided in connection with dock and harbour undertakings:

A council sought to redevelop a harbour as a marina, which involved alterations to the terms and conditions under which fishermen could continue to hire berths there. The Ombudsman was able to look at this complaint only insofar as it concerned the disposal of the land to a private company.
The council has decided to sell off part of a local park for housing.
The council wants to sell part of the playing field at my son’s school.
I want to exercise my right to buy the property I rent from the council, but the council will not sell me a patch of unused land behind it so that I can erect a garage.
A commercial tenant complains that the council will not extend his lease
A complaint about the way the council decided not to let a property to an entrepreneur for use as a lap-dancing club, even though planning permission had been granted by the same council.

These examples were OUTSIDE the Ombudsman's jurisdiction:

The toilets at the council’s concert halls are in very poor condition and not adequately cleaned
The council’s theatre has no proper “smoker’s shelter”
The council has increased the cost of classical concerts in its concert hall to a level where only the very wealthy can afford them
The council has removed a pensioner’s subsidy for theatre tickets
The council no longer subsidises the complainants’ drama group

But complaints about sports activities, hiring of rooms etc are IN:

The council is closing a swimming pool near the complainant’s home, and has no current plans to replace it;
The council offers facilities for birthday parties at the local sports hall, but would not rent it to the complainant for her son’s party;
The council rents out a hall for public meetings, but refused to allow the complainants’ political group to hire it.

Complaints are OUT if they deal with provision of markets:

A shopper complained that the council has decided to close down the market/ move it from its regular site (might be in if the council was selling the land)
The council has stopped holding the annual Charter Market on the town green

The following are IN because they deal with licences rather than provision of markets:

Mr Jones says that he was promised the next available market stall. In the event, the market superintendent gave it to someone else.
Mr Smith says that when he took his pitch he would be the only trader allowed to sell fishing tackle. The Superintendent has now allowed another trader to sell fishing tackle and his takings have plummeted.
Ms Arch complained about abuse from a fellow trader. The council mishandled the investigation and the trader is still there and is still abusive.
The council has doubled market fees.
The council is renovating the market hall. The works have been poorly done and have taken too long and the complainant has lost trade and had stock damaged.
The council has opened a new market in the next town. This is a larger market and many of his customers go there instead of coming to him.
The council told Mr Paul that he has been abusive to a fellow trader. It has suspended him and will not allow him to trade.
The council has refused to issue licences to night time street traders.
The council has done nothing to prevent weekly car boot sales near the complainant’s home, leading to traffic chaos and disturbance every Sunday (this would probably also be a planning enforcement complaint)
The council will not permit the complainants to hold a farmer’s/Christmas market although they gave proper notice

These examples are generally IN the Ombudsman's jurisdiction:

The council has not properly considered the complainant’s tender to provide services
The council did not advertise for tenders and the complainant believes s/he would have given the most competitive quote
The council has underpaid for work done by a firm of cleaners (but note that, if the contractor is complaining, s/he may have a legal remedy which should be considered separately under 26(6)(c))
The council did not get best value for its waste disposal contract (this would also be out as ‘all or most’ 26(7))
In connection with the introduction of a waste recycling scheme, the council has bought new waste disposal vehicles, but they are too large to access some of the steep and narrow country lanes in the area, including the road leading to the complainant’s home
A complaint about the way the council awarded a contract for home care service
The council has recently awarded a contract to administer benefits to a notoriously inefficient IT company who will certainly make a mess of it is IN as an issue about procurement – but as written, this example would be OUT because there is no personal injustice. However, if the complaint is specifically about the way the IT company administered the complainant’s benefit, that would be IN.

Date Updated: 02/08/10