Summary: The Ombudsman will not investigate Ms X’s complaint that the Council failed to provide the service required in her garage rental agreement and has refused to adequately compensate her for its failings. The complaint is outside the Ombudsman’s jurisdiction because Ms X has a remedy at court and complains late about the garage repair.

The complaint

1. Ms X complains the Council failed to deliver the full service she was entitled to when the automatic door of her rented garage failed in 2017. She says it took the Council over 7 weeks to repair the door’s electric motor during which time she did not have a lock up garage. Ms X says the Council should fully compensate her for the loss of service, stress of being obliged to park her car on the street in a high crime area, the impact on her health, and costs pursuing the matter.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I have considered Ms X’s information and comments and discussed the complaint with her by telephone. I have considered Ms X’s reply to my draft decision statement. The Council has supplied the complaints correspondence which includes Ms X’s chronology of how she pursued the matter. I have considered internet street scene photographs of Ms X’s street and the garages.

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What I found

6. Ms X tells me she was caused considerable stress and her health was affected by what happened. She wants the Council to pay her compensation of at least £200.
7. The Council offered Ms X a reduction on the garage rental due to missing the repair completion date. This was £15.21 for 12 January to 22 January 2018.
8. Ms X pursued a complaint with the Council for much of 2018. On 23 November 2018 the Council sent its final complaint reply and advised Ms X she could complain to the Housing Ombudsman. Ms X contacted her MP who wrote to her on 8 January saying she had asked the Council to further consider the matter. She advised Ms X she might need to go to the Housing Ombudsman. Ms X says she did not hear further from her MP. Ms X contacted the Housing Ombudsman who told her it does not deal with garage rentals where the person is not a resident of social housing. Ms X complained to this office on 13 June.
9. Ms X in her reply to my draft decision says she cannot take court action against the Council due to her health. She suffers from periods of pain, fatigue, and headaches. Ms X says she wants the Council to compensate her for ‘the enduring added excess aggravation upon my disabilities and ill health’. She also wants the Council to agree to keep the contract in future and deal with a repair quicker.

Analysis

10. I will not investigate this complaint for the following reasons:
1. The complaint is outside the Ombudsman’s jurisdiction because Ms X has or had a legal remedy at court if she believes there was a breach of her garage rental agreement (see paragraph 3 above).
2. I consider it reasonable for Ms X to use her legal remedy. In reaching that view I have taken account of Ms X’s comments about her health, her difficulties living independently and her car. A court has the power to decide such a dispute and can award damages. A court is the place to make a claim of harm to health.
3. Ms X complains late about the garage repair which was completed before the end of January 2018. Those events are outside the Ombudsman’s jurisdiction on the 12 month rule (see paragraph 4). Ms X could have complained to the Ombudsman sooner. She took nearly 7 months to complain to the Ombudsman following the Council’s final complaint reply. The delay is not explained by the contact with the MP’s office or Housing Ombudsman.

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Final decision

11. The Ombudsman will not investigate Ms X’s complaint that the Council failed to provide the service required in her garage rental agreement and has refused to adequately compensate her for its failings. The complaint is outside the Ombudsman’s jurisdiction because Ms X has a remedy at court and complains late about the garage repair.

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Investigator's decision on behalf of the Ombudsman