The Ombudsman's final decision
Summary: A man complained that the Council unreasonably went back on an agreement to offer him a contract to provide it with a transport service. But we will not investigate this complaint because the man’s allegation of breach of contract and claim for compensation are issues for the courts to decide, and it is reasonable to expect him to pursue matters in that way.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. In particular the law says we normally cannot 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 the information Mr B provided with his complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr B’s complaint. His complaint is essentially an allegation that there has been a breach of contract by the Council. But this is a legal matter for the courts to decide.
Unlike the courts, we have no authority to make binding decisions about how contracts should be interpreted or to make rulings in disputes about whether a party has complied with contractual terms. In addition, only the courts can order a party to pay compensation due to a breach of contract.
Further, I note that the amount of compensation Mr B has said he is seeking is within the limit which can be claimed in court under the small claims process. The fees for using the small claims process are relatively modest. In the circumstances I consider it reasonable to expect Mr B to go to court to pursue his issues with the Council.
In addition, I do not see that there are any separable matters in Mr B’s case which we should investigate. Mr B said that the Council did not deal properly with his complaint under its complaints procedure. But normally we consider it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue in question. In the circumstances I do not see we would be justified in pursuing any complaint Mr B has about the Council’s complaints process in his case.
Final decision
Mr B complained that the Council unreasonably went back on an agreement to award him a contract to provide a transport service, and this led to him incurring wasted costs. But we will not investigate this matter because it is reasonable to expect Mr B to go to court to pursue his claim that there has been a breach of contract by the Council.
Investigator's decision on behalf of the Ombudsman