Summary: We will not investigate Ms X’s complaint that the Council’s actions forced her business to close, causing distress and financial loss. If Ms X considers the Council liable for economic losses, it is reasonable for Ms X to go to court.

The complaint

1. Ms X complains that the Council’s actions towards her business were unfair and discriminatory, caused distress and forced her business to close. She wants the Council to compensate her for financial losses and take disciplinary action against relevant staff.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint. Ms X seeks financial compensation for economic losses related to her business, which she states were caused by the Council’s actions. We could not determine whether the Council was liable for Ms X’s economic losses or recommend the Council pay Ms X compensation. Only the courts can do this.
7. Also, we have no power to investigate personnel matters or require the Council to take disciplinary action against staff, so could not achieve what Ms X wants.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable for Ms X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman