The Ombudsman's final decision
Summary: We will not investigate this complaint the Council delayed paying early years providers for commissioned places. That is because there is no good reason the complainant cannot take the matter to court.
The complaint
Mr X’s business provides early years placements. He complained the Council delayed in paying him for those placements, which impacted upon his cashflow and budget. He said the Council’s existing financial structure was not fit for purpose. Mr X wants the Council to change how it pays early years providers and compensate him for identified failings.
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 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 considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint the Council delayed paying him for early years placements. That is because Mr X is in a contractual relationship with the Council. Any disagreements stemming from that contractual relationship, including how and when the Council pays Mr X are best dealt with by the courts.
Final decision
We will not investigate Mr X’s complaint because there is no good reason he cannot take the matter to court.
Investigator's decision on behalf of the Ombudsman