The Ombudsman's final decision
Summary: We will not investigate this complaint about a compensation claim as there is no worthwhile outcome to be achieved by our investigating.
The complaint
Mr X complains about financial loss after he was forced to stop operating his food business in 2013 after the Council served a remedial action notice on him. Mr X won his appeal against this notice but seeks compensation from the Council for the financial losses he says he suffered as a result. Mr X wants the Council to consider his claim.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says a senior officer at the Council has advised him to submit a claim for his losses. It is therefore open to Mr X to do this. We cannot assist Mr X in doing this as we are not an advocacy organisation.
Ultimately, only the court can decide, via a claim for damages, what compensation Mr X might be entitled to. We cannot determine such claims or award compensation.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is no worthwhile outcome to be achieved in so doing.
Investigator's decision on behalf of the Ombudsman