Birmingham City Council (25 023 817)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 21 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s management of a commercial premises. This is because the courts are best placed to deal with contractual matters, and it would be reasonable for the complainant to pursue the matter in court.
The complaint
- Ms X complains a commercial property she leased from the Council was unsafe and unsuitable. Ms X also complains the Council did not collect the business’ waste and used enforcement action whilst the matter was still in dispute.
- Ms X says the Council’s actions lead to her stopping trading and losing income. Ms X wants the Council to compensate her lost income, and to resolve enforcement and tenancy matters.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about commercial matters relating to contracts or lease agreements. This is because we take the view the courts are in the best position to decide such disputes.
- The condition of the building and whether the Council breached a responsibility to collect waste both relate to the contract between Ms X and the Council. Contract law is complex and may involve significant financial sums. The courts are best placed to consider such matters. It would be reasonable for Ms X to take legal action if she believes the Council has breached the terms of the commercial lease agreement or has caused her financial loss.
Final decision
- We will not investigate Ms X’s complaint because the courts are best placed to deal with contractual matters, and it would be reasonable for her to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman