Summary: We will not investigate this complaint about the Council’s failure to comply with a covenant. This is because it would be reasonable for the complainant to take the matter to court.

The complaint

1. Mr X has complained the Council has failed to comply with the terms of a covenant.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council has breached various aspects of a covenant and has failed to gain consent from the National Trust before developing land as required. However, the issues raised by Mr X about the Council breaching the covenant are a legal matter and I consider it reasonable for Mr X to pursue the matter in court. The Ombudsman will not usually investigate when someone can take the matter to court.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman