Summary: We will not investigate Mr X’s complaint that the Council should reimburse his legal fees. This is because the courts are better placed to consider this matter.

The complaint

1. Mr X complains that the Council’s refusal to pay him after he obtained a County Court Judgement (CCJ) led to further court proceedings resulting in Mr X incurring additional legal fees. Mr X wants the Council to reimburse him for those legal fees.

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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. I will not investigate Mr X’s complaint. The courts are better placed to consider whether the Council should reimburse Mr X’s legal costs. We could not ask the Council to reimburse the fees. Only a court can decide whether the Council is liable for these costs.

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Final decision

7. We will not investigate Mr X’s complaint because the courts are better placed to consider this matter.

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Investigator's decision on behalf of the Ombudsman