Summary: We will not investigate this complaint about the Council’s decision not to pay Mr X compensation because it is reasonable for Mr X to pursue the matter through the courts.

The complaint

1. Mr X complained the Council did not offer compensation for quantified loss in light of the Councils admitted failures towards him as a landlord. Mr X says he suffered a substantial loss of rental income combined with his liability for outgoings. Mr X would like the Council to offer compensation to cover the quantified loss.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X submitted a complaint to the Council regarding its handling of a council tenant’s antisocial behaviour.
6. The Council partially upheld Mr X’s complaint at stage one. The Council found fault with the lack of communication from the Neighbourhood Officer but did not uphold any other parts of Mr X’s complaint.
7. Mr X submitted a stage two complaint. In its stage two response, the Council found further fault in its handling of the antisocial behaviour caused by the Council tenant. The Council offered Mr X £250 compensation for service failure.
8. Mr X challenged the compensation amount and was offered a further £150, taking the total compensation offer to £400. Mr X accepted the £400 payment but made the Council aware he would pursue the matter of compensation further as he believed £400 did not accurately reflect his loss.
9. We will not investigate Mr X’s claim for compensation as it is a matter for the courts. Where we make recommendations for payments, it is often a modest amount whose value is intended to be largely symbolic, rather than purely financial. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to pursue a compensation claim through the courts.

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Investigator's decision on behalf of the Ombudsman