Summary: We will not investigate this complaint about racial discrimination and bullying. Some concerns raised by the complainant are raised too late and we have seen no reason why he could not have contacted us much sooner. Also, we will not investigate the complaint about the Council’s decision not to continue to negotiate with the complainant about a commercial tenancy and serve a notice to quit. We have not seen enough evidence of fault to justify an investigation on this point.

The complaint

1. Mr X complains the Council is guilty of racial discrimination and bullying. He says its actions led to his café/bar closing for months during the high season. He also complains about the Council’s decision to serve him with a notice to quit the property and instructed bailiffs to change the locks.
2. He wants the Council to resume negotiations for a lease.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

(Local Government Act 1974, sections 26B and 34D, as amended)

5. 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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

8. Mr X complains the Council discriminated against him when:
• planning officers approached him in 2019 demanding he apply for planning permission for changes to the commercial premises
• issues with his application for a premises licence in 2020; and
• the removal of his refuse bins in 2022.
9. The law says we may not investigate any complaint where the complainant was aware of the matter more than 12 months previously; but we may exercise the Ombudsman’s discretion to investigate if there are good reasons to do so.
10. Mr X has known about the above issues for more than a year and he was in contact with the Council at the time. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman about these concerns much sooner.
11. Mr X also complains about the Council’s decision to cease negotiations on a lease for the commercial premises he has occupied for more than five years and serve him a notice to quit. However, the Council confirms it has been negotiating with him for at least six months and no agreement has been reached. It has therefore decided to end negotiations, serve Mr X with a notice to quit and change the locks. As a commercial landlord this is a decision it is entitled to make. The Ombudsman cannot require the Council to resume negotiations with Mr X.

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Final decision

12. We will not investigate Mr X’s complaints about planning, licensing and refuse because these complaints are made too late.
13. We will not investigate Mr X’s complaint about the Council decision to terminate negotiations for a lease on a commercial property and serve a notice to quit as we have not seen enough evidence of fault to justify an investigation.
14. Finally, we cannot require the Council to resume negotiations with Mr X, therefore we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman