Summary: We will not investigate Ms X’s complaint the Council has delayed in reviewing the condition of a property she leased to it following the end of the rental agreement. That is because the courts are best placed to consider the matter.

The complaint

1. Ms X complained the Council failed to return her property to her, after she terminated the lease. She said that resulted in her having to go to court to get a possession order. Ms X said the Council then did not comply with the possession order in the specified timeframe.
2. Ms X said the Council had since returned the property, however, there were outstanding matters around money owed and the condition of the property on return. Ms X wants the Council to compensate her for the delays. She also wants it to complete its review on the property’s condition on return.

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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 a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Ms X’s complaint about the Council’s failure to return her property after she ended the lease, or any costs accrued because of the Council’s delay. That is because the matter has been considered by the courts. This restriction applies even when the court cannot provide a remedy for all the injustice claimed.
10. We will also not investigate the ongoing difficulties Ms X is experiencing with the Council. Although we could consider the Council’s delay in reviewing the condition of the property on return, we could not investigate any disagreement arising from this. That would be a matter for the courts. Additionally, although we can recommend symbolic payments where there are delays, we could not recommend compensation. Therefore, there is nothing worthwhile to be achieved by our investigation as only the courts can remedy the injustice stemming from her complaint.

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Final decision

11. We will not investigate Ms X’s complaint because the courts are best placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman