Summary: The Ombudsman will not investigate Mr A’s complaint that the Council failed to reimburse the losses he incurred and about the way the Council has dealt with the matter. This is because it is reasonable to expect him to go to court to seek a remedy.

The complaint

1. The complainant, whom I shall call Mr A, complained that the Council failed to reimburse the losses he incurred and about the way the Council has dealt with the matter. As a result he told us he has lost a substantial amount of time and money.

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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)

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How I considered this complaint

4. I have considered all the information Mr A sent to us, his comments on my draft decision and the Council’s responses to his complaint.

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What I found

5. Mr A is a landlord of a property. He signed a Deposit Scheme Agreement (the agreement) with the Council in 2015. The Council subsequently housed a tenant in Mr A’s property.
6. Mr A made a claim under the agreement for over £500. He complains the Council refused to reimburse him for his losses relating to the tenancy even though he submitted full receipts, photos and explanations. He says the Council failed to support the tenants and put them in a position whereby they abandoned their tenancy. Mr A told us the Council failed to assist effectively with multiple requests for help. He asked the Council to visit the property after the tenant had left but the Council’s officer was unable to keep the appointment. Mr A is dissatisfied with the way the Council has dealt with his complaint. He says the council is refusing to review key aspects of his complaint even though he has proved it has made errors.
7. The key issue in this case is whether the Council is liable for the losses Mr A has described. This is a legal matter which a court of law is the appropriate body to rule on. So it is not unreasonable to expect Mr A to go to court to seek a remedy for the injustice he has told us he has suffered as a result of fault by the Council. We would not investigate a complaint solely about the way the Council has dealt with a complaint if we are not investigating the issue which gave rise to it.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect the complainant to go to court to seek a remedy.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman