The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council gave notice to end his tenancy of stables. We cannot achieve what Mr X wants.
The complaint
Mr X complains the Council gave notice to end a long-term tenancy at a stables where he keeps two horses. Mr X says the Council has followed the rules and extended the year’s notice by three months, but it has acted unfairly. He says they cannot find an alternative given the age and needs of the horses. Mr X says about a year ago the Council gave inaccurate information to the press about the situation. He says the Council has not offered alternative accommodation but provided a list of alternatives.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6)) 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 the complainant and discussed the complaint with Mr and Mrs X be telephone.
My assessment
We cannot achieve what Mr X wants. The Council is entitled to end a tenancy arrangement. Mr X tells me the Council has given the required one-year notice and has agreed an extra three months. We will not investigate the Council’s statements in the press.
A dispute about a contract/tenancy would reasonably be for a court (see paragraph 3 and 4).
Final decision
The Ombudsman will not investigate Mr X’s complaint that the Council gave notice to end his tenancy of stables. We cannot achieve what Mr X wants.
Investigator's decision on behalf of the Ombudsman