Summary: We will not investigate this complaint about loses incurred by X due to the Council’s failure to find alternative accommodation for their tenant. This is because it would be reasonable to expect X to seek a remedy in court.

The complaint

1. X is a landlord and complains that the Council’s failure to find alternative accommodation for their tenant has led to X’s business incurring significant costs.

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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.
3. 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

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

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My assessment

6. Only a court can decide whether the Council is responsible for the losses reported by X. The Ombudsman cannot do this and so it is reasonable to expect X to use the alternative route available to them via the courts.

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Final decision

7. We will not investigate X’s complaint because it would be reasonable to expect them to seek a remedy in court.

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Investigator's decision on behalf of the Ombudsman