The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s complaint about the bill for her Council-supplied heating and hot water. Miss X can be reasonably expected to take court action.
The complaint
Miss X complains the bill for her Council-supplied heating and hot water is too high. She believes she is paying for more than she uses.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The heating and hot water for Miss X is supplied on demand by the Council for the whole area. Miss X pays a weekly rate for the supply. She complains this is too high as it is not based on her usage. She says this has been the case for the last five years.
Miss X has a contract with the Council for the supply of her heating. If she is unhappy with the terms of the contract or feels these terms have been breached, she can take the Council to court. Therefore the restriction in paragraph 3 applies. I consider it reasonable to expect Miss X to go to court as the court can decide if the contract terms are unfair or if the Council has breached the contract. It would also be able to provide Miss X with a remedy for the five-year period if it concluded there had been a breach of the contract. It is reasonable to expect Miss X to pay the costs of this given the amount she is seeking to reclaim.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to take the Council to court. Miss X can also end her agreement with the Council if she does not want to continue using its service.
Investigator's decision on behalf of the Ombudsman