The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to end a tendering process early. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X’s company was involved in a tendering process with the Council. He complains about the Council’s decision to end the tendering process early. He says this wasted his business’s time and resources.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is not required to finish a tendering process once it has begun. This means the Council can decide to stop a tendering process early.
In this case, the Council has explained to Mr X its reasons for why it ended the process early. The Council has also explained it cannot meet with Mr X’s company as it would be inappropriate to provide any potential bidder with information which might give it a commercial advantage in the future.
Therefore, I will not investigate this complaint as there is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman