South Gloucestershire Council (21 007 734)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s payment for repairs to a property it leased from Ms X. This is because it would be reasonable to expect her to use the court remedy available to her.
The complaint
- The complainant, who I refer to as Ms X, says the Council should pay a sum higher than that offered to address disrepair issues in a property she owns and had leased out to the Council. She says it has not fulfilled the terms of the lease and is responsible for further repairs and damage.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms X, including the Council’s response to her complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- When Ms X took back the property she had leased to the Council, it was not in the same state of repair as it had been at the beginning of their arrangement.
- The Council offered Ms X a payment of about one sixth of what she says the damages and costs were. While Ms X took this payment, she says she was unaware it was an offer made in full and final settlement and that the Council should pay more. The Council has advised Ms X that if she is unhappy with the amount it has paid, she can pursue an insurance claim against it.
- The restriction highlighted at paragraph 2 applies to this complaint because if Ms X remains dissatisfied with the response she receives to her claim, she can take the matter to court. As she has this alternative remedy available which we would reasonably expect her to use, the complaint falls outside our jurisdiction and will not be pursued.
Final decision
- We will not investigate Ms X’s complaint because it would be reasonable to expect her to use the court remedy available to her.
Investigator's decision on behalf of the Ombudsman