Summary: We will not investigate Mrs X’s complaint about advice the Council gave to her tenants during an eviction. It would be reasonable for Mrs X to seek a remedy in court.

The complaint

1. Mrs X is a landlord. She complained the Council told her tenant to remain in the property despite the court issuing a possession order.
2. Mrs X said this caused her a financial loss of almost £2,500. This is due to a loss of rental income and other fees she incurred.

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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. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained the Council told the tenants of her rental property to remain, despite the court issuing a possession order.
8. Mrs X seeks to recover almost £2,500 from the Council. Mrs X said this is the financial loss she incurred because of the advice the Council gave to the tenants, resulting in a delayed eviction.
9. It is reasonable to expect that where a person suffers damages caused by a council, they would submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
10. It would be reasonable to expect Mrs X to make an insurance claim for the losses she alleges. If the Council does not accept liability, Mrs X could then take the matter to court.
11. Only a court can decide whether the Council is responsible for the losses reported by Mrs X. The Ombudsman cannot do this and so it is reasonable to expect Mrs X to use the alternative route available to her via the Council’s insurer and the courts.
12. As outlined in paragraph four, we will not normally investigate where it is reasonable for a person to go to court. Therefore, we will not investigate this complaint.

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Final decision

13. We will not investigate Mrs X’s complaint because it would be reasonable to expect her to seek a remedy in court.

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Investigator's decision on behalf of the Ombudsman