Summary: We will not investigate Mrs X’s complaint about the Council’s actions in relation to a property which the Council uses as temporary accommodation. It is reasonable to expect Mrs X to take court action.

The complaint

1. Mrs X complains the Council continued to use a property as temporary accommodation for a tenant for months after her property management company told the Council it wanted the tenant relocated. Mrs X says the Council then stopped paying for the tenant to use the property but advised them to continue staying there. Mrs X says the Council’s actions have caused the company financial and operational strain and wants the Council to reimburse missed payments.

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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 considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s company allowed the Council to use the property under a legal agreement. Essentially, Mrs X argues the Council breached the agreement and other legal rights she had about her property and she wants compensation for the claimed effects. Interpreting the law about whether parties acted properly under contract or any other legal duties, deciding the results (direct or indirect) of any breach and deciding on any proper remedy, are more properly matters for the courts than for the Ombudsman. So, the restriction in paragraph 3 applies.
7. There might be some cost to court action, but that does not automatically make it unreasonable to expect someone to go to court. If Mrs X’s court action were to succeed, she could ask the court for costs. I see no reason why it would be unreasonable for Mrs X’s business to take court action.

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Final decision

8. We will not investigate Mrs X’s complaint. It is reasonable to expect Mrs X, or the company she represents, to take court action about what happened with the property.

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Investigator's decision on behalf of the Ombudsman