Summary: We will not investigate Ms X’s complaint about loss of earnings resulting from the Council’s delay in responding to her emails. This is because it would be reasonable for Ms X to make a claim against the Council at court.

The complaint

1. The complainant, Ms X, complains the Council took too long to reply to her emails seeking permission for use of council-owned land for business purposes. She believes the Council has been negligent, discriminated against her and stopped her from earning more than £150,000 in income from her business. She wants compensation for loss of earnings.

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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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. We cannot determine matters of negligence, discrimination or loss of earnings. These issues are more appropriate for consideration by the courts.
6. Ms X’s business is in its infancy and Ms X has used projected income in estimating her losses; the Council has explained that if she wishes to pursue the matter she would need to contact its Legal Services Team and if she is not happy with their reply it would be reasonable for her to take the matter to court.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Ms X to pursue a claim for loss of earnings through the court. This is not something we can provide a remedy for.

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Investigator's decision on behalf of the Ombudsman