The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council owes his business money. That is because the Courts are best placed to deal with contractual matters.
The complaint
Mr X complained the Council owes his business money. He said its failure to pay was causing a financial strain for his business. He said the Council had subjected his business to racism, discrimination and defamation of character.
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 about the Council. That is because it is reasonable for Mr X to take legal action if he believes the Council is in breach of contract for its failure to pay him for services rendered. The Ombudsman is not the expert in these matters. The Courts are also best placed to consider his allegations around discrimination and defamation.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take legal action.
Investigator's decision on behalf of the Ombudsman