Summary: We will not investigate Mr X’s complaint that the Council has breached the terms of his leasing agreements with the Council providing temporary accommodation properties. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to go to court.

The complaint

1. Mr X is a managing agent supplying properties to the Council to use as temporary accommodation. Mr X complains the Council has breached the terms of its contract with him by not returning properties promptly, failing to pay invoices raised for repairs or deal with his complaints.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X ’s complaint because it is reasonable to expect him to go to court to enforce the terms of his contracts with the Council. And, as we are not dealing with the substantive matter, we would not separately look at his concerns about his complaints not being answered, as this is not a good use of public money.

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Investigator's decision on behalf of the Ombudsman