Summary: We will not investigate this complaint about matters relating to the state of Mr X’s leased property when it was returned to him by the Council. This is because Mr X can pursue his claim for increased compensation from the Council through the courts.

The complaint

1. The complainant, who I refer to as Mr X, says the property he leased to the Council under its Private Sector Leasing scheme was returned to him in a poor state and that its offer of compensation is inadequate.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He entered into a legal agreement with the Council to lease his property. If he considers the Council breached the agreement and that its offer of compensation is inadequate, it is open to him to pursue a claim through the courts. As Mr X has this alternative remedy available which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mr X’s complaint because Mr X can pursue his claim for increased compensation from the Council through the courts

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Investigator's decision on behalf of the Ombudsman