City of York Council (23 007 897)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 10 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s failure to fulfil its promise to enter into a tenancy agreement with his business. This is because we cannot achieve any worthwhile outcome for Mr X. The courts are better placed to determine if the Council has breached the terms of any formal or informal contract and to decide any losses or remedy for the impact of its actions.
The complaint
- The complainant, Mr X, complains the Council has failed to formalise a tenancy agreement for business premises it owns and has promised to grant his business. He says that as a result his business has suffered and has been unable to grow.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepts some delay in providing Mr X a formal tenancy agreement and has apologised for this. I appreciate Mr X considers the issue is affecting his business but any impact is not something we could quantify or provide a remedy for. We also cannot say the Council must provide the tenancy now, as he would like.
- If Mr X believes the Council has failed to meet its obligations under any informal agreement, and that his business has suffered as a result, he would be better off making a claim against it through the courts. The courts are better placed to assess the amount of any losses Mr X has suffered and Mr X may ask it to make an order requiring the Council to proceed with the tenancy as initially agreed.
Final decision
- We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X. The issues Mr X raises are more appropriate for consideration by the courts.
Investigator's decision on behalf of the Ombudsman