Summary: We will not investigate this complaint about the Council not repairing heating in a commercial property. It is reasonable for Mr X to take the Council to court.

The complaint

1. Mr X complains the Council has failed to fix a heating issue in a commercial property. Mr X says this is impacting his ability to work and wants the Council to address the issue.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s responsibility to repair the heating at Mr X’s commercial property would be set out in the terms of a contract or lease between Mr X and 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. So, I would usually expect someone in Mr X’s position to seek a remedy in the courts, directly or through his insurer. I do not consider there is any exceptional reason Mr X cannot do this. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’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