The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to pay the complainant’s legal fees. A court of law is the suitable body to decide liability for financial loss. It is not unreasonable to the complainant to seek a legal remedy in court.
The complaint
The complainant, who I shall refer to Mrs D, complains on behalf of the trustees of a village hall. She says they asked to renegotiate the lease for renting the ground floor of the village hall. Mrs D says during this process the Council failed to engage with the trustee’s solicitors and failed to pay rent.
The Trustees want the Council to pay its legal fees.
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 Mrs D and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs D says the Council failed to communicate with its solicitors during the renegotiation of the lease to rent the ground floor of the village hall.
The Council has cleared the rent arrears and apologised for the failure to pay. However, it refuses to pay the trustee’s legal fees as it believes each party is expected to bear their own costs during the renegotiation.
I understand Mrs D is seeking repayment and compensation of the expenses the trustees have incurred. However, this is not something the Ombudsman can achieve. Whether the Council is liable for their losses is a legal matter. The Ombudsman considers complaints about Council’s administrative actions. His role is not the same as a court of law. A court of law is the suitable body to decide contested questions of law (such as liability for financial loss). It also decides whether compensation must be paid if the Council has been negligent and to enforce any award of compensation.
Final decision
We will not investigate Mrs D’s complaint because it is not unreasonable to expect Mrs D and the trustees to go to court to seek a remedy.
Investigator's decision on behalf of the Ombudsman