Summary: Mr X complains that the Council has not replaced a door in his property after it rented the house from him. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

1. Mr X complains that the Council has not replaced a door in his property after it rented the house from him.

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The Ombudsman’s role and powers

2. 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)
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 have considered the complainant's comments and the Council's comments and Mr X has had an opportunity to comment on the draft decision.

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What I found

5. Mr X says that he rented a listed building to the Council. He says that the Council replaced the front door with a plastic door without planning permission or listed building consent.
6. If Mr X has a legal agreement with the Council for the tenancy then he can enforce the agreement through the courts. I see no reason why such action could not be taken. The court is an expert body and its decisions are binding on the Council.

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Final decision

7. The Ombudsman will not investigate this complaint because there is a right to sue the Council in the courts.

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Investigator's decision on behalf of the Ombudsman