The Ombudsman's final decision
Summary: We will not investigate this complaint non-payment of the complainant’s invoices to the Council in relation to care services. This is because the Council disputes the amount is owed to the complainant. The parties appear to be in legal dispute and we consider the complainant could reasonably take the matter to court. The law says we cannot investigate in these circumstances.
The complaint
The complainant (Mr Y) complains the Council has not paid his invoices for residents it placed in his care homes. He says the Council owes approximately £780,000 in unpaid care charges. In summary, Mr Y says non-payment by the Council has caused a financial strain on the business. As a desired outcome, he wants the Council to pay the invoiced amount immediately and with interest.
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 also considered the Ombudsman’s Assessment Code.
My assessment
The Council does not accept the invoice amounts are owed. The parties appear to therefore be in legal dispute. We would normally expect someone in the complainant’s position to take the matter to court. This is because only a court can make a legal determination as to whether the amount is owed and enforce an award of damages. I consider Mr Y could reasonably take the matter to court and so the restriction I outline at paragraph two (above) applies.
Final decision
We will not investigate this complaint because Mr Y could reasonably take the matter to court. The law says we cannot investigate in these circumstances.
Investigator's decision on behalf of the Ombudsman