Summary: We will not investigate this complaint about the impact of a town centre development on Mr X’s business as it is unlikely we could add to the financial remedy the Council has already offered.

The complaint

1. Mr X complained work by the Council on a town centre development affected his ability to trade, which Mr X says impacted on his health and finances. Mr X sought financial recompense from the Council for this.

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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 further investigation would not lead to a different outcome; or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s lease for his commercial property was with the Council. Mr X considers the building became not fit for occupation and that the Council should not have expected him to continue to operate from it.
7. In its complaint response to Mr X, the Council acknowledged that Mr X’s business had been impacted and its coordination of its responses to his complaints was lacking. In recognition of this and as a gesture of goodwill, the Council waived dilapidation costs and reduced the rent Mr X owed on the premises.
8. We will not investigate as it is unlikely we can add to what the Council has offered. Should Mr X consider the terms of his lease were breached and that he is entitled to compensation, then this would be a matter for the courts. Such matters are not within our remit.
9. We will not investigate Mr X’s complaint because it is unlikely we can change the outcome of the complaint.

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Investigator's decision on behalf of the Ombudsman