Summary: We will not investigate this complaint about the Council’s alleged failure to correctly file a building completion certificate. The complainant is seeking significant financial compensation. The Ombudsman cannot determine financial liability and it is reasonable to expect the complainant to pursue the matter through the courts.

The complaint

1. Mr X represents his client, Mr Y.
2. Mr X complains the Council failed to correctly file a building completion certificate. He says the meant the Council could not produce it when Mr Y needed a copy.
3. Mr Y is seeking a significant sum of money for loss of rental income, reimbursement of Council tax and planning costs.

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The Ombudsman’s role and powers

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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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

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

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My assessment

8. We will not investigate Mr X’s claim for compensation as it is a matter for the courts. Where we make recommendations for payments, it is often a modest amount whose value is intended to be largely symbolic, rather than purely financial. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to pursue a compensation claim through the courts.

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Investigator's decision on behalf of the Ombudsman