Summary: We will not investigate Ms X’s complaint that the Council’s actions jeopardised her business, caused distress and financial loss. The law prevents us from investigating matters that have been taken to Court.

The complaint

1. Ms X complains that the Council’s failed to act on safeguarding concerns she raised relating to a property she owns and failed to ensure the service user paid rent.
2. She says this put a vulnerable person and her business at risk causing distress and financial loss.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained the Council failed to act on safeguarding concerns she made about a person living in a property she owns.
9. The information provided shows the Council acted on Ms X’s safeguarding concerns. It made assessments and referrals to relevant bodies where it deemed necessary. There is insufficient evidence of fault with the Councils actions to warrant further investigation.
10. In relation to the unpaid rent, Ms X has taken the matter to Court. Ms X seeks financial compensation for economic losses related to her business, which she states were caused by a breach of contract and 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. In any case, the law says we cannot investigate where a person has already started court action.

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Final decision

11. We will not investigate Ms X’s complaint that the Council failed to act on safeguarding concerns. We are unlikely to find fault to warrant further investigation. Further we cannot investigate any matters that have been taken to Court, we have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman