The Ombudsman's final decision
Summary: We will not investigate this complaint about rent the Council claims is owed by the complainant. The courts are better placed than the Ombudsman to adjudicate in contractual disputes.
The complaint
Mr X complains the Council is seeking to recover over £25,000 in rent it says he owes, even though their lease agreement had expired.
The Ombudsman’s role and powers
We can 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the Mr X, and the Ombudsman’s Assessment Code.
My assessment
If the Council continues to pursue recovery of the claimed debt, then Mr X should have the opportunity to raise a defence in court, which is better placed than the Ombudsman to consider such contractual disputes.
With reference to paragraph 2 above, the Ombudsman will therefore not investigate Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint because the courts are better placed to consider contractual disputes.
Investigator's decision on behalf of the Ombudsman