The Ombudsman's final decision
Summary: We will not investigate this complaint about losses due to an alleged breach of contract as it is reasonable for the complainant to seek a remedy in court.
The complaint
Ms X complains the Council is in breach of contract for invoicing her for beach hut fees of over £3000. Ms X says the Council has misinterpreted its own rules in issuing the invoice. Ms X wants the Council to compensate her for her loss.
The Ombudsman’s role and powers
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
We cannot determine legally whether a breach of contract has taken place. Only the courts can do this and there is a procedure open to anyone to make a money claim in the courts. It is reasonable to expect Ms X to resort to court action for the compensation she seeks, and therefore as per paragraph two, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to resort to court action for the compensation she seeks.
Investigator's decision on behalf of the Ombudsman