The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to investigate her company’s complaint in relation to concerns it had with the Council whilst providing it a contractual service. This is because it would be reasonable for Mrs X to take the matter to the courts and there is no meaningful outcome we could achieve.
The complaint
Mrs X complained about the Council’s decision not to investigate her company’s complaint under its corporate complaints procedure about concerns the company had with the Council whilst providing it a contractual service. She said it negatively affected the company’s relationship with the Council. She wants the Council to investigate the complaint.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained about the Council’s decision not to investigate concerns her company had about the conduct of the Council and an outstanding invoice payment.
We will not investigate this complaint because it would be reasonable for Mrs X and her company to take the matter to the Courts. The Courts are better placed to consider such matters.
In any case, there is no meaningful outcome we could achieve with an investigation as since Mrs X’s complaint to us, the Council has ended its contract with the company.
Final decision
We will not investigate Mrs X’s complaint because it would be reasonable for her to take the matter to the courts and there is no meaningful outcome we could achieve.
Investigator's decision on behalf of the Ombudsman