Summary: We will not investigate Mr B’s complaint about the Council not complying with a lease agreement. 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 actions after he entered into a lease agreement which allowed the Council to use his property. Mr B says the Council did not hand the property back until 26 months after the lease ended. Mr B would like the Council to pay compensation for his financial losses which were over £17,000.

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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. We take the view the courts are in the best position to decide a complaint that an organisation has not complied with the terms of a lease agreement. These are legal matters which the courts are better placed to scrutinise and decide. We cannot order a party to pay damages or recommend payments that ‘punish’ an organisation.
7. So, we would normally expect a person in Mr B’s position to pursue a remedy at court. I find it is reasonable and proportionate to Mr B’s claimed losses, for Mr B to take the Council to court if the Council does not provide an outcome he is satisfied with.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because it is reasonable for him to pursue this matter at court.

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Investigator's decision on behalf of the Ombudsman