Summary: We will not investigate this complaint about the Council’s actions when it entered Mr X’s business premises and its subsequent handling of his complaint. This is because it is reasonable for Mr X to pursue the matter in court, and it is not proportionate to consider complaint handling issues as a separate matter.

The complaint

1. Mr X complains about the Council’s actions when it entered his business premises and its subsequent handling of his complaint. He says the Council’s actions prevented his business from operating and had a significant impact on him. He wants the Council to explain its decisions and communication, review how it handled his belongings, and arrange for him to recover his property.

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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 will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s complaint to the Council expressed concerns around alleged unauthorised entry into the premises, lack of notice of communication prior to entry, the lawfulness of forfeiture and re-entry, the removal and handling of goods and the inability for him to be able to re-enter the property.
8. Disputes about the implementation or breach of a commercial lease, including claimed financial loss, are matters the courts are best placed to determine. Only the courts can determine whether the Council was legally entitled to enter the premises and whether it followed the correct process. It would be reasonable for Mr X to take legal action if he believes the Council has breached the terms of the commercial lease agreement.
9. We will not investigate the complaint handling and communication issues separately because any resulting injustice is not significant enough to justify our involvement.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for him to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman