Summary: Mr X complains the Council refuses to pay for damage to property caused by its tenants. The Ombudsman will not investigate this complaint. This is because Mr X has a right to take legal action if he considers the Council is liable for the cost to repair the damage.

The complaint

1. Mr X says the Council has failed to pay for damages caused by its tenants
2. He also says the Council has:
• failed to meet its obligations towards its tenants; and
• failed to support clients leaving care

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The Ombudsman’s role and powers

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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered the information provided by Mr X, including the Council’s responses to his complaints. He commented on the draft version of this decision.

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What I found

6. Mr X owns a letting agency which let properties to the Council for temporary housing. He has individual licences for each property that is let. He complains the Council refuses to pay for the damages caused by occupants of the properties he let to Barnet Homes.
7. The Council told Mr X this is not required by the licence agreements and not something Barnet Homes can afford.
8. Mr X says he did not have any legal agreement with the tenants. He also says the Council has advised the tenants are responsible for the damage so therefore he cannot sue the Council. But, if Mr X considers the Council is liable for the costs to repair the damage to his property he has the right to ask the court to make the decision. The Ombudsman does not have the power to make such a decision.
9. I have discretion to investigate the complaint if it is unreasonable for Mr X to use his right to a remedy in court. Adjudication on questions such as whether the Council has a legal obligation to pay him any money for damage caused by a Council tenant, needs the procedures of the courts for their proper determination. Therefore, I will not exercise discretion to investigate this complaint.
10. Mr X also complains the Council is failing to meet its obligations to the tenants and failed to provide satisfactory support for those leaving care.
11. The Ombudsman does not intend to investigate this complaint. This is because Mr X is not primarily affected and is complaining about a secondary impact, rather than acting on behalf of the person or persons directly affected.

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Final decision

12. I will not investigate this complaint. This is because he can ask the Court to decide if the Council is liable to pay for damage to her property cause by its tenants. And he is not directly affected by the actions described in paragraphs 2 and 10 above.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman