Summary: We cannot investigate Mr X’s complaint that the Council made changes to his business licence causing loss of income. Mr X has appealed to the Magistrates Court. Mr X also has legal remedies, it is reasonable for him to use, if he wishes to challenge a noise abatement notice or claim damages for defamation.

The complaint

1. Mr X complains the Council carried out a review of his business licence. He says it has applied restrictions to the hours of operation which cause loss of earnings. Mr X says the licence review was unfair, lacked supporting evidence, and the grounds were not legally valid. Mr X says the Council has defamed him and caused harm to his reputation and distress. Mr X wants the Council to apologise, reverse the changes to the licence, and pay compensation for lost earnings and harm to his reputation.

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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)
4. 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

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

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The complaint about the licence review is outside the Ombudsman’s jurisdiction and we cannot lawfully investigate (see paragraphs 2 and 4). Mr X’s email to the Council, 31 January, confirms he has appealed to the Magistrates Court to reverse the licence changes.
8. Mr X also has a legal remedy at court if he wishes to claim defamation or challenge the noise abatement notice which he says the Council issued against his business (see paragraphs 2 and 3).
9. I consider it reasonable for Mr X to use his legal remedies because the courts have the power to provide the remedy he seeks.

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Final decision

10. The Ombudsman cannot investigate Mr X’s complaint the Council made changes to his business licence causing loss of income. Mr X has appealed to the Magistrates Court. Mr X also has legal remedies, it is reasonable for him to use, if he wishes to challenge a noise abatement notice or claim damages for defamation.

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Investigator's decision on behalf of the Ombudsman