Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to pay her legal costs related to court action between her and a private tenant. Part of the complaint is late, there is not enough evidence of fault and we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complains the Council has refused to pay her legal costs related to court action between her and a private tenant. She says a Council error in 2021 resulted in her tenant bringing a legal counterclaim against her and so the Council is responsible for the costs she has incurred. She wants the Council to refund her legal costs.

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The Ombudsman’s role and powers

2. 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:
• there is not enough evidence of fault to justify investigating, or

• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate a complaint about the Council’s actions in 2021. Mrs X complained to the Council at the time and if she was dissatisfied with the response, could have approached us sooner. Any complaint about the Council’s actions at this time is late. There is no good reason to exercise discretion to investigate it now.
7. We will also not investigate the Council’s decision not to refund Mrs X’s legal fees when she returned to the Council in 2024. In its earlier complaint response, the Council told Mrs X she could re-approach it once any court action ended. It said it may consider reimbursing the tenant deposit payment if Mrs X could show that its 2021 error led to her having to give up the deposit as part of court proceedings. When Mrs X approached the Council in 2024, she confirmed she had not been required to give up the deposit as part of court proceedings. The Council decided no further payment was appropriate and it would not refund her legal fees.
8. We will not investigate this as there is not enough evidence of fault. The Council properly considered Mrs X’s request but decided no further payment was needed as she had not been required to give up the deposit.
9. Disputes between landlords and tenants are private matters. Any costs arising from court action between private landlords and tenants are not the Council’s responsibility or something we can consider. We could not ask the Council to reimburse Mrs X’s legal fees and so cannot achieve the outcome Mrs X wants.

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Final decision

10. We will not investigate Mrs X’s complaint because part of it is late, there is insufficient evidence of fault and we cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman