The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the tenancy of an industrial unit and about its plans to redevelop the site. This is because the complainant has an alternative legal remedy in regard to the tenancy and there is no evidence of fault in regards to the Council’s plans to develop the site.
The complaint
The complainant, who I will call Miss X, complains about how the Council has dealt with her tenancy for an industrial unit. She says the Council has delayed issuing her with a lease. Miss X also complains about plans for the redevelopment of the site, which she says would not be adequate to accommodate her business.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) 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 the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Where there are disputes about renewing or extending leases, the Landlord and Tenant Act 1954 provides a way of resolving them by asking the county court to decide what should happen. I will not investigate Miss X’s complaint about how the Council has dealt with Miss X’s tenancy because It is reasonable for her to raise her concerns through these means.
I will not investigate Miss X’s complaint about the Council’s plans for the site. This is because there is insufficient evidence of fault by the Council. The proposals are at the draft stage and a formal application has yet to be submitted. If and when the Council do apply for planning permission to make the changes, Miss X will have the opportunity to make comments or object to the plans.
Final decision
We will not investigate Miss X’s complaint because she has a legal remedy that it would be reasonable for her to use and there is insufficient evidence of fault in regard to how the Council plans to develop the site.
Investigator's decision on behalf of the Ombudsman