The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to terminate a contract it had with the complainant’s businesses. This is because it is reasonable to expect the complainant to pursue the matter via the courts.
The complaint
The complainant, who I will call Mr X, complains about the Council’s decision to terminate a contract it had with his businesses. Mr X says the decision means his businesses have missed out on £1.5million worth of business.
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
I will not investigate Mr X’s complaint. This is because the relationship between the Council and Mr X is contractual. If Mr X feels the contract between the Council and his businesses has been breached, it would be reasonable to expect him to pursue the matter in court.
We cannot determine whether the Council is legally liable to pay Mr X compensation breach of contract and/or loss of income. Only the courts can decide this. I have not seen any reason why Mr X cannot take this course of action.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman