Summary: We will not investigate Mr B’s complaint about the Council not repairing a leak which is affecting his business. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains about the Council’s lack of action as the landlord of the building where his café business is located. Mr B says the Council has still not fixed a leak which is causing water damage to his café. Mr B says every time it rains there is water everywhere on the café floor. Mr B would like the Council to fix the leak and repair all the internal damage to his business premises. Mr B would also like the Council to pay him compensation for the impact of the leak on his business.

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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 Act 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Council not meeting its maintenance and repair responsibilities for the business premises he leases from the Council.
7. We consider the courts are in the best position to decide complaints that a public body has not met the terms of a legal contract. Commercial law can be complex and such disputes often involve an interpretation of the wording of a contract. The courts are in the best position to decide such matters.
8. In addition, only a court can decide if an organisation should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation and have no powers to enforce an award of damages.
9. So, I would usually expect someone in Mr B’s position to seek a remedy in the courts, directly or through his insurer. I do not consider there is any exceptional reason why Mr B cannot do this.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman