Summary: The Ombudsman will not investigate about something a court has considered. He could not provide any useful outcome for the complainant as he cannot alter the decision of the court.

The complaint

1. The complainant, who I refer to here as Mr C, has complained about issues at a property he previously rented. He would like the Council to provide a further report on the state of the property.

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The Ombudsman’s role and powers

We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe we could not provide any useful outcome for the complainant. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

2. I have considered what Mr C said in his complaint. I have also seen information provided by the Council.

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What I found

3. Mr C rented a property privately and was concerned about the condition it was in. He asked the Council to inspect the property and it provided him with a report.
4. Mr C decided to withhold rent and his landlord took him to court. Mr C made a counterclaim against his landlord and used the Council’s report as evidence. Mr C has suggested the Council should conduct a further inspection to help his court action.

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Final decision

5. We will not investigate this complaint. A court has considered the matter and we cannot alter the court’s decision.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman