The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about the Council refusing to renew the building lease of a business she owned. This is because it is not in our jurisdiction to do so as the matter is being considered by the Courts.
The complaint
Mrs X complained the Council unfairly refused to renew the building lease of a business she owned. She said it caused her distress as it affected her reputation as a business owner. She also said it financially affected her in a negative way. Mrs X wants the Council to acknowledge it acted with fault and to either renew the lease or support her to operate her business from another location. She also wants the Council to provide her with a financial remedy for the injustice caused.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint. This is because the Council has initiated legal proceedings against Mrs X in relation to the matter she complains of. It is not in our jurisdiction to investigate complaints about the start of court action or what happened in court.
Final decision
We cannot investigate Mrs X’s complaint because the matter is being considered by the Courts.
Investigator's decision on behalf of the Ombudsman