The Ombudsman's final decision
Summary: We will not investigate Dr B’s complaint about the Council owing his business money. This is because it is reasonable for Dr B to take the Council to court.
The complaint
Dr B complains the Council has not paid his business for services it has provided. Dr B says this is a serious problem for his business. Dr B would like the Council to pay the invoices and an interest payment to reflect the Council’s significant delay.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Dr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We take the view the courts are generally in the best position to decide commercial and contractual disputes. This includes a complaint that an organisation has failed to pay money owed to a person or business.
Dr B may take the Council to court to claim the money the Council owes his business. The court is in the best position to decide this matter. Unlike the Ombudsman, the court has the power to order the Council to pay the money owed to Dr B’s business and to enforce a judgement.
I find it is reasonable and proportionate to expect Dr B to take the Council to court, particularly because the sum he is claiming is significant.
So, we will not investigate this complaint.
Final decision
We will not investigate Dr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman