Summary: We will not investigate this complaint about how the Council responded to a complaint about a rental agreement. 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

1. Mr X complained the Council did not respond to his complaint and misused enforcement powers regarding a rental agreement. Mr X said the Council’s actions had caused severe financial pressure and stress. He wanted the Council to investigate his complaint, review enforcement actions and engage with him constructively in a resolution.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council misused enforcement powers in relation to a rental agreement.
8. The matter is about a dispute about a commercial contract. Commercial law can be complex and such disputes often involve an interpretation of the wording of a contract. The courts are best placed to consider such matters.
9. We will not investigate Mr X’s complaint. It would be reasonable for Mr X to take legal action if he believes fault on the Council’s part has caused him financial loss.
10. Mr X also complained the Council did not consider his complaint. In its response to Mr X, the Council explained that matters relating to legal proceedings and contractual matters were excluded from its corporate complaints policy and therefore, they would not respond to his complaint.
11. We will not investigate this part of Mr X’s complaint because there is not enough evidence of fault to justify investigating. The Council explained that complaints about legal proceedings and commercial contract matters were not covered by its complaints policy.

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Final decision

12. We will not investigate Mr X’s complaint because the courts are best placed to deal with contractual matters, and it would be reasonable for him to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman